In an era where an individual's personal identifying information is of increasing importance and value, the prevalence of identity theft is logical, yet frightening at the same time. A person commits the most basic form of identity theft in New York when he or she "knowingly and with intent to defraud" assumes another person's identity and with that identity:
The degree of the offense increases based on the value gained or lost, the types of crimes committed using the victim's identity, or any past identity theft convictions. Defendants commit second degree identity theft, for example, if: (1) the value gained or lost exceeds $500; (2) they commit a felony or act as an accessory to the commission of a felony; or (3) they have a prior third degree identity theft conviction within the past 5 years. For first degree identity theft, the value gained or lost must exceed $2,000, the associated crime must be a Class D felony or higher, or the defendant must have a prior second degree identity theft conviction within the past 5 years.
New York Identity Theft Laws At A Glance
For more information on New York's laws relating to New York identity theft laws, see chart below.
| Code Section |
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| Penalties and Sentences | Third Degree Identity Theft: This is a Class A misdemeanor punishable by up to 1 year in prison and a fine of up to $1,000 or up to double the value of the property subject to the crime. Second Degree Identity Theft: This is a Class E felony punishable by up to 4 years in prison and a fine of up to $5,000 or up to double the value of the defendant's gain from the crime. First Degree Identity Theft / Aggravated Identity Theft: These are Class D felonies punishable by up to 7 years in prison and a fine of up to $5,000 or up to double the value of the defendant's gain from the crime. |
| Defenses | Defenses to identity theft in New York apply where the Defendant:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New York Identity Theft Laws: Additional Resources
For additional information and resources related to New York identity theft laws, see the links below:
Have You Been Charged With Identity Theft In New York? Get Legal Help Today
As you can see, one of the most important elements of identity theft in New York is the "intent to defraud" which can be difficult for the prosecution to prove. Ultimately, if you're facing identity theft charges your case will be determined by the evidence that is admitted at trial. Criminal defense attorneys are experts in evaluating evidence, whether favorable or not, and shaping it to your advantage. Get in touch with a local defense lawyer today.
