New York Penal Law § 190.86: Unlawful Possession of a Skimmer Device in the First Degree

New York Penal Law § 190.86 defines the crime of unlawful possession of a skimmer device in the first degree. This offense occurs when a person knowingly possesses any device or instrument that is designed, adapted, or used to obtain unauthorized access to financial account information from a credit or debit card or other financial transaction device, and does so with the intent to use such device or instrument to commit a felony, and either:

• the person possesses three or more skimmer devices; or
• the person possesses a skimmer device and has been previously convicted of a crime under this section or a related offense.

A skimmer device is an electronic tool that enables criminals to steal credit and debit card information. It captures data from the magnetic stripe on a card when it is swiped through a payment terminal, such as an ATM or gas pump. Criminals can then use the stolen data to create counterfeit cards, make unauthorized purchases, and access bank accounts. Skimmers are often small and easily concealed, making them a popular tool for credit card fraud. They can be attached to payment terminals quickly, allowing criminals to steal card information in a matter of seconds.

Under New York Penal Law § 190.86, a person is guilty of unlawful possession of a skimmer device in the first degree if they knowingly possess a skimming device with the intent to use it to commit a felony and either possess three or more skimmer devices or have a prior conviction for this offense or a related crime.

People v. Molina, 179 Misc. 2d 910 (N.Y. Crim. Ct. 1999). The defendant was arrested for possessing a skimming device in a shopping mall parking lot. The police found the device, along with several counterfeit credit cards and a laptop, in the defendant's car. The defendant claimed that he found the device and cards in the parking lot and was planning to turn them in to the police. However, the court found that the defendant's story was not credible and convicted him of unlawful possession of a skimming device in the first degree.

People v. Tatishev, 78 Misc. 3d 1239(A) (N.Y. Sup. Ct. 2015). The defendant was arrested after police found a skimming device in his possession during a routine traffic stop. The defendant claimed that he found the device in a rental car he had recently returned and was planning to turn it in to the rental company. However, the court found that the defendant's story was not credible and convicted him of unlawful possession of a skimming device in the first degree. The court noted that the defendant had a prior criminal history and sentenced him to one year in prison.

1. Unlawful possession of personal identification information in the third degree: New York Penal Law section 190.81
2. Unlawful possession of personal identification information in the second degree: New York Penal Law section 190.82
3. Unlawful possession of personal identification information in the first degree: New York Penal Law section 190.83
4. Unlawful possession of a skimmer device in the second degree: New York Penal Law section 190.85

Unlawful possession of a skimmer device in the first degree, as defined by New York Penal Law § 190.86, is a class E felony. If convicted, the offender can face up to four years in prison and a fine of up to $5,000 or double the defendant's gain from the offense. The court may also impose other penalties, such as probation, community service, or restitution. The severity of the sentence may depend on various factors, including the offender's prior criminal history, the extent of the harm caused by the offense, and the specific circumstances of the case. It is important for anyone facing charges under this law to consult with an experienced criminal attorney in New York who can help protect their rights and advocate for the best possible outcome.

A person is guilty of unlawful possession of a skimmer device in the first degree when he or she commits the crime of unlawful possession of a skimmer device in the second degree and he or she 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 section 190.80, 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 this section, 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. Unlawful possession of a skimmer device in the first degree is a class E felony.

If you have been accused of unlawful possession of a skimmer device in the first degree, it is important to seek the assistance of an experienced criminal attorney serving New York who can help protect your rights and work towards the best possible outcome in your case. A skilled attorney may be able to challenge the prosecution's evidence and argue for reduced charges or a plea bargain. 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: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.