Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; repealer

The new Article 191 creates the A misdemeanor of Petit Identity Theft, the E felony of Identity Theft in the Fourth Degree; the D felony of Identity Theft in the Third Degree, the C felony of Identity Theft in the Second Degree; and the B felony of Identity Theft in the First Degree. The Article makes technical corrections to Unlawful Possession of Personal Identification Information in the First, Second and Third Degrees by changing personal "identification" information to personal "identifying" information to conform with other provisions in the law, and including Social Security numbers in the definition.

2. PL §§ 60.27 (3), 60.27 (4) (b), 460.10(1) and CPL §§ 2040(4) (1), 700.05 (8) (s) and Executive Law §§ 646 (2), 995 (7) (d) are amended to conform with the above Article 191.

3. General Business Law § 899-aa (b), and State Technology Law § 208 (1) (a) are amended to include medical information and health insurance information in the list of identifying items and to define the terms "medical information" and "health insurance information."

Purpose and justification

Identity theft crimes are widely regarded as among the hardest to prosecute. Criminal activity linked to one victim routinely spans numerous jurisdictions. A summary arrest of one individual can represent the victimization of dozens or even hundreds of people. And, in the age of the internet, accomplices located around the world can work together to steal, fraudulently use, and traffic in personal data. Our current laws do not provide adequate tools to combat this crime. Moreover, the laws are weakest in addressing the most insidious forms of identity theft those crimes in which the largest sums are stolen or numerous people are victimized.

Identity theft continues to increase throughout New York State, and the economic recession has only accelerated this problem. In order to protect New Yorkers and to penalize thieves who steal identities as a means of illicitly procuring money, goods and services that rightfully belong to others, we need to revise the Identity Theft laws by creating a new Penal Law Article 191. These revisions recognize and address the reality that identity thieves often target multiple victims and steal large amounts of money. Therefore in addition to establishing dollar thresholds, the new article establishes thresholds for the number of victims a perpetrator steals from.

The revisions also correct some technical problems with existing law. Most importantly, they create standard terminology regarding personal identifying information, which previously switched between "personal identifying" and "personal identification" information. Finally, it lists the most frequently found companion crimes and expands the venue provision that already existed in the identity theft laws to include those companion crimes. This is pragmatic legally and financially defenders, prosecutors, courts, and defendants will no longer need to try parts of the same case in multiple counties, wasting resources and risking claims of double jeopardy.

Prior legislative history

2014: S218 - PASSED SENATE 2013: S218 PASSED SENATE 2012: S737 - REFERRED TO CODES 2011: S737 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED 2010: S7843 - (Schneiderman)/A10944 - REPORTED AND COMMITTED TO RULES:

Fiscal implications

None.

Effective date

This act shall take effect immediately.