What's happening
This bill updates and expands New York's identity theft laws, creating new crimes and penalties, and broadening the definition of personal information.
Why it matters
Adds comprehensive new and expanded definitions of "personal identifying information,". making it clear that not only traditional data like Social Security or account numbers are protected, but also biometric data (fingerprints, retinal images, voice prints), medical and health insurance information, digital identifiers, and more. This broadens the scope of what identity theft laws cover, reflecting the realities of modern data use and theft.
Creates a tiered system of identity theft and unlawful possession offenses,. including new crimes like “petit identity theft” and varying degrees of both identity theft and possession of skimmer devices. This allows prosecutors to match the charge and penalty to the seriousness and scale of the crime, including higher penalties for repeat offenders and for targeting vulnerable populations like the elderly, minors, or deployed military members.
Makes it easier for identity theft victims to seek restitution,. specifically allowing for compensation not just for direct losses but also for costs incurred while repairing the harm (such as time spent resolving adverse actions). This recognizes the broader impact of identity theft on victims’ lives.
Expands the ability of law enforcement to investigate and prosecute identity theft,. including allowing wiretaps for identity theft crimes, aligning these offenses with other serious economic and property crimes, and updating cross-references throughout the law. This provides more investigative tools and emphasizes the seriousness of identity theft as a criminal enterprise.
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Who cares
Headline styles
Strengthen Identity Theft Laws
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1032
- Committee discharged and committed to rules
- Referred to codes
Full text
12 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7065
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the general business law, the state technology law and the executive law, in relation to offenses involving theft of identity; and to repeal certain provisions of the criminal procedure law and 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 Petit identity theft.
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 Unlawful possession of personal identifying information
in the third degree.
191.35 Unlawful possession of personal identifying information
in the second degree.
191.40 Unlawful possession of personal identifying information
in the first degree.
191.45 Defenses.
191.50 Unlawful possession of a skimmer device in the second
degree.
191.55 Unlawful 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, driv-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03067-02-7
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er'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 identification 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 Petit identity theft.
A person is guilty of petit identity theft 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 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.
Petit identity theft 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
S. 7065 3
(c) commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or
(d) commits the crime of petit identity theft as defined in section 191.05 of this article and knows that such other person is a member of the armed forces and that such member is presently deployed outside of the continental United States; or
(e) commits the crime of petit identity theft as defined in section 191.05 of this article and knows that such other person is a vulnerable elderly person as defined in subdivision three of section 260.31 of this chapter, or a person who is unable to care for himself or herself because of physical disability, mental disease or defect, or because he or she is a minor; 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 petit identity theft 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, unlawful possession of personal identifying information in the third degree as defined in section 191.30, unlawful possession of personal identifying information in the second degree as defined in section 191.35, unlawful possession of personal identifying information in the first degree as defined in section 191.40, unlawful possession of a skimmer device in the second degree as defined in section 191.50, unlawful possession of a skimmer device in the first degree as defined in section 191.55, 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, 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, criminal
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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, or criminal possession of forgery devices as defined in section 170.40 of this chapter; or
(e) commits the crime of identity theft in the fourth degree as defined in section 191.10 of this article and knows that such other person is a member of the armed forces, and knows that such member is presently deployed outside of the continental United States; or
(f) commits the crime of identity theft in the fourth degree as defined in section 191.10 of this article and knows that such other person is a vulnerable elderly person as defined in subdivision three of section 260.31 of this chapter, or a person who is unable to care for himself or herself because of physical disability, mental disease or defect, or because he or she is a minor; 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 petit identity theft 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, unlawful possession of personal identifying information in the third degree as defined in section 191.30, unlawful possession of personal identifying information in the second degree as defined in section 191.35, unlawful possession of personal identifying information in the first degree as defined in section 191.40, unlawful possession of a skimmer device in the second degree as defined in section 191.50, unlawful possession of a skimmer device in the first degree as defined in section 191.55, grand larceny in the fourth degree as defined in section 155.30, grand larceny
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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, 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, 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, or criminal possession of forgery devices as defined in section 170.40 of this chapter; or
(e) commits the crime of identity theft in the third degree as defined in section 191.15 of this article and knows that such other person is a member of the armed forces and that such member is presently deployed outside of the continental United States; or
(f) commits the crime of identity theft in the third degree as defined in section 191.15 of this article and knows that such other person is a vulnerable elderly person as defined in subdivision three of section 260.31 of this chapter, or a person who is unable to care for himself or herself because of physical disability, mental disease or defect, or because he or she is a minor; or
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, the criminal procedure law, the general business law, the state technology law and the execu- tive law, in relation to offenses involving theft of identity; and to repeal certain provisions of the criminal procedure law and the penal law relating thereto
General idea of bill
This legislation 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. It creates five tiers of crimes, based on the financial loss to the victim(s) and the number of people victimized, providing enhancements for vulnerable elderly and disabled victims as well as victims on military, deployment. It also acknowledges that identity theft doesn't respect geographic boundaries by providing that companion crimes, such as larceny, can be charge along with the crime of Identity Theft.
Summary of specific provisions
1. PL §§ 190.77, 190.78, 190.79, 190,80, 190.81, 190.82, 190.83, 190.84, 191.85, and 191.86 are repealed, and new PL §§ 191.00, 191.05, 191.10, 190.15, 191.20, 191.25, 191.30, 191.35, 191.40, 191.45, 191.50, 191.55 are added.
Read the full memo (728 words)
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 prose- cute. 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 defen- ders, prosecutors, courts, and defendants will no longer need to try parts of the same case in multiple counties, wasting resources and risk- ing claims of double jeopardy.
Prior legislative history
2016: S148A/A5969 - PASSED SENATE/referred to codes 2015: S148/A5969 -PASSED SENATE/referred to codes 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
a None.
Effective date
This act shall take effect immediately.
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