New York Penal Law § 190.81: Unlawful Possession of Personal Identification Information in the Third Degree

New York Penal Law § 190.81 defines the offense of unlawful possession of personal identification information in the third degree. This offense occurs when a person possesses the personal identification information of another person, with the intent to use such information to commit a felony or other crime. Personal identification information includes a wide range of identifying information, such as a person's name, address, social security number, driver's license number, or bank account information. Possessing such information without authorization or legitimate purpose is a serious crime, as it can be used to commit identity theft or other fraudulent activities.

To be convicted of unlawful possession of personal identification information in the third degree, the prosecution must prove that the defendant possessed the personal identification information of another person, and that they did so with the intent to use the information to commit a felony or other crime. It is important to note that even if the defendant did not use the personal identification information to commit a crime, they can still be charged with this offense if they possessed the information with the intent to do so. This means that it is crucial to obtain legal representation if you are charged with this offense, to ensure that your rights are protected and that you have the best possible defense in court.

If you are facing a charge of unlawful possession of personal identification information in the third degree, seek the advice and representation of an experienced New York criminal lawyer as soon as possible to help ensure that your rights are protected.

People v. Reyes, 34 Misc. 3d 1234(A) (N.Y. Sup. Ct. 2012). In this case, the defendant was charged with multiple counts of identity theft, including unlawful possession of personal identification information in the third degree under New York Penal Law § 190.81. The defendant was found to be in possession of numerous credit cards and identification cards belonging to other people, which he had used to make unauthorized purchases. The defendant argued that he had found the cards and was planning to turn them in, but the court did not find his argument credible. The court ultimately found the defendant guilty of all charges, including unlawful possession of personal identification information in the third degree.

1. Unlawful possession of personal identification information in the second degree: New York Penal Law section 190.82
2. Unlawful possession of personal identification information in the first degree: New York Penal Law section 190.83
3. Unlawful possession of a skimmer device in the second degree: New York Penal Law section 190.85

Unlawful possession of personal identification information in the third degree is a class A misdemeanor, which can result in a sentence of up to one year in jail and a fine of up to $1,000. In addition, a conviction for this offense can have long-term consequences, including a criminal record that can impact employment opportunities and other areas of life.

A person is guilty of unlawful possession of personal identification information in the third degree when he or she knowingly possesses a person`s 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, personal identification number, mother`s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person knowing such information is intended to be used in furtherance of the commission of a crime defined in this chapter. Unlawful possession of personal identification information in the third degree is a class A misdemeanor.

If you are charged with unlawful possession of personal identification information in the third degree, it is important to seek legal advice as soon as possible. An experienced criminal attorney serving New York can help you understand the charges against you, explain your legal options, and work to protect your rights. 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.