New York Penal Law § 190.80: Identity Theft in the First Degree

New York Penal Law § 190.80 defines the crime of identity theft in the first degree. It is considered the most serious identity theft offense under New York law. This offense occurs when a person, with the intent to commit a felony, assumes the identity of another person by presenting themselves as that person or by acting as that person. It can also occur when a person assumes the identity of a deceased person.

To prove the crime of identity theft in the first degree, the prosecutor must establish that the defendant intentionally and unlawfully assumed the identity of another person and committed a felony using that identity. This can include offenses such as larceny, fraud, or forgery. Some common examples include using another person’s social security number to apply for credit or loans, using a stolen credit card to make purchases, or assuming the identity of another person to open a bank account or obtain government benefits.

If you or someone you know is facing charges for identity theft in the first degree, it is important to seek the advice of an experienced New York criminal lawyer who can review the specific circumstances of your case and help you build a strong defense. They can also advise you on your rights and potential consequences of a conviction.

People v. Burke, 23 N.Y.3d 298 (2014). In this case, the defendant, Burke, was charged with identity theft in the first degree, among other charges. Burke had used a stolen identity to obtain credit and make purchases, resulting in financial loss for the victim. The defendant argued that he did not commit identity theft in the first degree because he did not actually possess the victim's identification information, but rather used the victim's name and social security number that he had memorized. The court rejected this argument, stating that possession of the actual physical identification document is not necessary for a conviction under the statute. The court upheld the defendant's conviction for identity theft in the first degree and affirmed the lower court's sentence.

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. Aggravated identity theft: New York Penal Law section 190.80-A

The sentence for Identity theft in the first degree is a class D felony, which carries a maximum sentence of up to 7 years in prison. In addition to imprisonment, a convicted individual may also face fines, restitution, and other penalties.

A person is guilty of identity theft in the first 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 two thousand dollars; or
2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; 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
4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in section 190.86, 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 chapter.

Identity theft in the first degree is a class D felony.

If you are charged with identity theft in the first degree, it is important to take the situation seriously and seek the advice of an experienced criminal attorney serving New York. This is a serious offense that carries significant penalties, including the potential for lengthy prison sentences and large fines. Your attorney will review the details of your case and work to build a strong defense strategy. 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.