What's happening
This bill creates new, detailed criminal offenses for identity theft and computer tampering, increases penalties, and updates related laws.
Why it matters
Establishes a comprehensive, tiered set of identity theft crimes. ranging from misdemeanors to high-level felonies—based on the amount stolen, number of victims, type of victim (such as elderly or deployed military), and repeat offenses, making prosecution more precise and penalties more severe for larger or repeated offenses.
Expands and modernizes the definitions of “personal identifying information”. to include biometric data, medical and insurance records, electronic signatures, and other data types, recognizing the broader range of information targeted in today’s digital crimes.
Creates and escalates penalties for possession and use of “skimmer” devices. (tools used to steal information from credit/debit cards), including enhanced charges for repeat offenders, aiming to disrupt the tools of identity theft networks.
Rewrites and toughens computer tampering laws. by introducing a five-degree scale with higher penalties for greater financial harm, repeat offenders, and attacks on sensitive information (such as medical records), reflecting the increased threat and cost of cybercrime.
Enhances victim restitution provisions. so that courts can order repayment for not only direct losses, but also for time and costs spent by victims to remediate harm (such as time spent fixing credit records), providing more complete justice for those harmed by these crimes.
Updates cross-references and repeals outdated statutes. to ensure consistency across criminal, procedural, and executive laws, improving legal clarity and the ability of law enforcement to prosecute identity and computer-related crimes under the new framework.
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Who cares
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Strengthen Identity Theft Laws
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
11 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1563
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to offenses involving theft of identity and computer tampering; and to repeal certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Title K of the penal law is amended by adding a new article 191 to read as follows:
ARTICLE 191
OFFENSES INVOLVING THEFT OF IDENTITY Section 191.00 Definitions.
191.05 Identity theft in the fifth degree.
191.10 Identity theft in the fourth degree.
191.15 Identity theft in the third degree.
191.20 Identity theft in the second degree.
191.25 Identity theft in the first degree.
191.30 Aggravated identity theft in the second degree.
191.35 Aggravated identity theft in the first degree.
191.40 Criminal possession of a skimmer device in the second
degree.
191.45 Criminal possession of a skimmer device in the first
degree. § 191.00 Definitions.
1. For the purposes of this article "personal identifying information" means a person's name, address, telephone number, date of birth, driver's license number, social security number, place of employment, mother's maiden name, financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, taxpayer iden-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01207-02-7
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tification number, computer system password, signature or copy of a signature, electronic signature, unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person, telephone calling card number, mobile identification number or code, electronic serial number or personal identification number, medical information, medical insurance information, or any other name, number, code or information that may be used alone or in conjunction with other such information to assume the identity of another person.
2. For the purposes of this article:
(a) "electronic signature" shall have the same meaning as defined in subdivision three of section three hundred two of the state technology law.
(b) "personal identification number" means any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources or credit of another person.
(c) "member of the armed forces" shall mean a person in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law.
(d) "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(e) "medical insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual or any information in an individual's application and claims history, including, but not limited to, appeals history. § 191.05 Identity theft in the fifth degree.
A person is guilty of identity theft in the fifth degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or
2. commits a class A misdemeanor or higher level crime.
Identity theft in the fifth degree is a class A misdemeanor. § 191.10 Identity theft in the fourth degree.
A person is guilty of identity theft in the fourth degree when he or she knowingly and with intent to defraud:
1. assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
(a) obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or
(b) causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or
(c) commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or
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(d) commits the crime of identity theft in the fifth degree as defined in section 191.05 of this article and has been previously convicted within the last five years of identity theft in the fifth degree as defined in section 191.05, identity theft in the fourth degree as defined in this section, identity theft in the third degree as defined in section 191.15, identity theft in the second degree as defined in section 191.20, identity theft in the first degree as defined in section 191.25, criminal possession of a skimmer device in the second degree as defined in section 191.40, criminal possession of a skimmer device in the first degree as defined in section 191.45 of this article, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40, grand larceny in the first degree as defined in section 155.42 of this part, forgery in the third degree as defined in section 170.05, forgery in the second degree as defined in section 170.10, forgery in the first degree as defined in section 170.15, criminal possession of a forged instrument in the third degree as defined in section 170.20, criminal possession of a forged instrument in the second degree as defined in section 170.25, or criminal possession of a forged instrument in the first degree as defined in section 170.30 of this title; or
2. assumes the identity of three or more persons by presenting himself or herself as those other persons, or by acting as those other persons, or by using personal identifying information of those other persons, and thereby obtains goods, money, property or services or uses credit in the name of those persons, or causes financial loss to at least one such person, or to another person or persons.
Identity theft in the fourth degree is a class E felony. § 191.15 Identity theft in the third degree.
A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud:
1. assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
(a) obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or
(b) causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or
(c) commits or attempts to commit a class D felony or higher level crime or acts as an accessory to the commission of a class D or higher level felony; or
(d) commits the crime of identity theft in the fourth degree as defined in section 191.10 of this article and has been previously convicted within the last five years of identity theft in the fifth degree as defined in section 191.05, identity theft in the fourth degree as defined in section 191.10, identity theft in the third degree as defined in this section, identity theft in the second degree as defined in section 191.20, identity theft in the first degree as defined in section 191.25, aggravated identity theft in the second degree as defined in section 191.30, aggravated identity theft in the first degree as defined in section 191.35, criminal possession of a skimmer device in the second degree as defined in section 191.40, criminal possession of a skimmer device in the first degree as defined in section 191.45 of this article, grand larceny in the fourth degree as defined in section
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155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this part, criminal possession of a forged instrument in the third degree as defined in section 170.20, criminal possession of a forged instrument in the second degree as defined in section 170.25, criminal possession of a forged instrument in the first degree as defined in section 170.30 of this title, criminal possession of stolen property in the fifth degree as defined in section 165.40, criminal possession of stolen property in the fourth degree as defined in section 165.45, criminal possession of stolen property in the third degree as defined in section 165.50, criminal possession of stolen property in the second degree as defined in section 165.52, criminal possession of stolen property in the first degree as defined in section 165.54 of this part, or criminal possession of forgery devices as defined in section 170.40 of this title; or
2. assumes the identity of ten or more persons by presenting himself or herself as those other persons, or by acting as those other persons, or by using personal identifying information of those other persons, and thereby obtains goods, money, property or services or uses credit in the name of those persons, or causes financial loss to at least one such person, or to another person or persons.
Identity theft in the third degree is a class D felony. § 191.20 Identity theft in the second degree.
A person is guilty of identity theft in the second degree when he or she knowingly and with intent to defraud:
1. assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
(a) obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds twentyfive thousand dollars; or
(b) causes financial loss to such person or to another person or persons in an aggregate amount that exceeds twenty-five thousand dollars; or
(c) commits or attempts to commit a class C felony or higher level crime or acts as an accessory in the commission of a class C or higher level felony; or
(d) commits the crime of identity theft in the third degree as defined in section 191.15 of this article and has been previously convicted within the last five years of identity theft in the fifth degree as defined in section 191.05, identity theft in the fourth degree as defined in section 191.10, identity theft in the third degree as defined in section 191.15, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 191.25, aggravated identity theft in the second degree as defined in section 191.30, aggravated identity theft in the first degree as defined in section 191.35, criminal possession of a skimmer device in the second degree as defined in section 191.40, criminal possession of a skimmer device in the first degree as defined in section 191.45 of this article, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this part, criminal possession of a forged instrument in the third degree as defined in section 170.20, criminal possession of a forged instrument in the second
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degree as defined in section 170.25, criminal possession of a forged instrument in the first degree as defined in section 170.30 of this title, criminal possession of stolen property in the fifth degree as defined in section 165.40, criminal possession of stolen property in the fourth degree as defined in section 165.45, criminal possession of stolen property in the third degree as defined in section 165.50, criminal possession of stolen property in the second degree as defined in section 165.52, criminal possession of stolen property in the first degree as defined in section 165.54 of this part, or criminal possession of forgery devices as defined in section 170.40 of this title; or
2. assumes the identity of twenty-five or more persons by presenting himself or herself as those other persons, or by acting as those other persons, or by using personal identifying information of those other persons, and thereby obtains goods, money, property or services or uses credit in the name of those persons, or causes financial loss to at least one such person, or to another person or persons.
Identity theft in the second degree is a class C felony. § 191.25 Identity theft in the first degree.
A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law and the executive law, in relation to offenses involving theft of identity and computer tampering; and to repeal certain provisions of the penal law relating thereto
Summary of provisions
Section 1 of the bill amends title K of the penal law by adding a new article 191 that creates "Offenses Involving Theft of Identity".
Section 2 of the bill amends paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 37 of the laws of 2014, to include the new offenses under a new article 191 for "Offenses Involving Theft of Identity".
Section 3 of the bill amends paragraph (a) of subdivisions 3 of section 490.05 of the penal law as amended by section 7 of part A of chapter 1 of the laws of 2004, to reflect the addition of article 191 and the repeal of sections 190.77, 190.78, 190.79, 190.90, 190.80-a, 190.85 and 190.86.
Section 4 of the bill repeals penal sections 190.77, 190.78, 190 79, 190.80, 190.80-a, 190.85 and 190 86.
Sections 5, 6 and 7 of the bill amend subdivision 1 of section 60.27 of the penal law, as amended by chapter 279 of the laws of 2008 and paragraph (b) of subdivision 4 of section 60.27 of the penal law, as amended by chapter 313 of the laws of 2011 and subdivision 2 of section 646 of the executive law, as amended by chapter 346 of the laws of 2007 respectively, to reflect the addition of certain subdivisions of article 191 and the repeal of certain subdivisions of article 190.
Section 8 of the bill amends paragraph (c) of subdivision 5 of section 156.00 of the penal law, as amended by chapter 558 of the laws of 2006, to add new language stating "persons other than those rightly in possession, know or should know that said material is not intended to be available to them".
Sections 9 through 13 of the bill amend section 156 20 through 156.27 of the penal law, to renumber computer tampering offenses and create a new section 156 28 entitled "computer tampering in the first degree" offense which is classified as a class B felony.
Section 14 provides that this act shall take effect immediately.
Prior legislative history
2015-16: S.5575
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.