New York Penal Law § 190.80-A: Aggravated Identity Theft

New York Penal Law § 190.80-A defines aggravated identity theft as a crime committed when a person commits identity theft and causes or attempts to cause another person to suffer a financial loss of $500 or more within a period of 90 days or less. This law is designed to enhance the penalties for identity theft when the crime causes significant financial harm to the victim. The law recognizes that identity theft can have serious financial consequences, including damage to credit scores, loss of money and property, and other financial harms.

The law also recognizes that identity theft can take many forms, including stealing a person's credit card or social security number, opening accounts in the victim's name, or using the victim's personal information to obtain goods or services. The law is designed to protect individuals from the harms of identity theft and to hold perpetrators accountable for their actions.

People v. Clayton, 149 A.D.3d 956 (2d Dep't 2017). In this case, the defendant was convicted of several crimes, including aggravated identity theft under New York Penal Law § 190.80-A. The evidence presented at trial showed that the defendant had used stolen credit card information to make purchases and obtain cash advances. The court held that the evidence was sufficient to support the conviction for aggravated identity theft, as the defendant knowingly used another person's personal identifying information without that person's authorization, and the value of the goods and services obtained exceeded $500.

1. Identity theft in the third degree: New York Penal Law section 190.78
2. Identity theft in the second degree: New York Penal Law section 190.79
3. Identity theft in the first degree: New York Penal Law section 190.80

New York Penal Law § 190.80-A: Aggravated identity theft is a Class D felony. A person convicted of this offense could face a maximum of seven years in prison and a minimum of one year in prison. The actual sentence imposed will depend on various factors, such as the severity of the offense, the defendant's criminal history, and any aggravating or mitigating circumstances.

It is also worth noting that in some cases a defendant may be eligible for alternative sentencing options, such as community service or probation, instead of a prison sentence. This will depend on the specifics of the case and the discretion of the judge.

A person is guilty of aggravated 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 knows that such person is a member of the armed forces, and knows that such member is presently deployed outside of the continental United States and:

1. thereby obtains goods, money, property or services or uses credit in the name of such member of the armed forces in an aggregate amount that exceeds five hundred dollars; or
2. thereby causes financial loss to such member of the armed forces in an aggregate amount that exceeds five hundred dollars.

Aggravated identity theft is a class D felony.

Aggravated identity theft is a serious crime that can have far-reaching consequences for both the victim and the perpetrator. A conviction of this charge can result in severe penalties, including imprisonment and fines. If you are facing charges under this law, it is crucial to seek legal advice from an experienced criminal attorney serving New York. With the help of a skilled attorney, you can navigate the complex legal system, protect your rights, and potentially minimize the consequences of the charges against you. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.