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IDENTITY THEFT & FORGERY OFFENSES

NEW YORK PENAL LAW

CLASS B MISDEMEANORS:

NYPL § 190.05 - Issuing a Bad Check:

A person is guilty of issuing a bad check when:

1. As a drawer or representative drawer,

(a) He utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and

(b) He intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and

(c) Payment is refused by the drawee upon presentation;  or

2. He passes a check knowing that,

(a) The drawer thereof does not then have sufficient funds with the drawee to cover it, and

(b) He intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and

(c) Payment is refused by the drawee upon presentation.

 

CLASS A MISDEMEANORS:

NYPL § 170.05 - Forgery in the 3rd Degree:

A person is guilty of forgery in the 3rd degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.

NYPL § 170.20 - Criminal Possession of a Forged Instrument in the 3rd Degree: 

A person is guilty of criminal possession of a forged instrument in the 3rd degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.

NYPL § 175.30 - Offering a False Instrument for Filing in the 2nd Degree: *

A person is guilty of offering a false instrument for filing in the 2nd degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.

NYPL § 190.25 - Criminal Impersonation in the 2nd Degree: *

A person is guilty of criminal impersonation in the 2nd degree when he:

1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another;  or

...

NYPL § 190.78 - Identity Theft in the 3rd Degree:

A person is guilty of identity theft in the 3rd 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.

NYPL § 190.85 - Unlawful Possession of a Skimmer Device in the 2nd Degree:

1. A person is guilty of unlawful possession of a skimmer device in the 2nd degree when he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information as defined in this article.

2. For purposes of this article, “skimmer device” means a device designed or adapted to obtain personal identifying information from a credit card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information.

 

CLASS E FELONIES:

NYPL § 190.79 - Identity Theft in the 2nd Degree: *

A person is guilty of identity theft in the 2nd 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 in an aggregate amount that exceeds $500;  or

2. Causes financial loss to such person or to another person or persons in an aggregate amount that exceeds $500;  or

3. Commits or attempts to commit a felony or acts as an accessory to the commission of a felony;  or

...

 

CLASS D FELONIES:

NYPL § 170.10 - Forgery in the 2nd Degree: *

A person is guilty of forgery in the 2nd degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in NYPL § 155(7), or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status;  or

2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;  or

...

5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

NYPL § 170.25 - Criminal Possession of a Forged Instrument in the 2nd Degree:

A person is guilty of criminal possession of a forged instrument in the 2nd degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in NYPL § 170.10.

NYPL § 190.80 - Identity Theft in the 1st Degree: *

A person is guilty of identity theft in the 1st 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 in an aggregate amount that exceeds $2,000;  or

2. Causes financial loss to such person or to another person or persons in an aggregate amount that exceeds $2,000;  or

3. Commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or

...

 

CLASS C FELONIES:

NYPL § 170.15 - Forgery in the 1st Degree:

A person is guilty of forgery in the 1st degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality;  or

2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

NYPL § 170.30 - Criminal Possession of a Forged Instrument in the 1st Degree:

A person is guilty of criminal possession of a forged instrument in the 1st degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in NYPL § 170.15.

 

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*Not verbatim. Click here for link to full text of current law.

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