New York Penal Law § 190.75 defines the crime of criminal use of an access device in the second degree. An access device is defined as any card, plate, code, account number, or other means of account access that can be used to obtain money, goods, services, or any other thing of value. Under this law, a person commits the crime of criminal use of an access device in the second degree if they use, possess or traffic in one or more unauthorized access devices, and if the aggregate value of the property obtained or attempted to be obtained by using such access devices within a 12 month period exceeds $5000. In other words, if someone is found to be in possession of a stolen credit card or uses someone else's credit card without their permission, and they use that card to obtain more than $5000 in goods or services within a 12 month period, they may be charged with criminal use of an access device in the second degree.
It is important to note that a person can be charged with this crime even if they did not actually obtain anything of value using the access device. Simply possessing the unauthorized access device with the intent to use it to obtain goods or services is enough to be charged with criminal use of an access device in the second degree. Furthermore, under New York law, a person may also be charged with criminal possession of stolen property if they are found to be in possession of stolen goods obtained using an unauthorized access device.
It is also worth noting that even attempting to commit this crime can result in charges being brought against a person. For example, if someone is caught trying to use a stolen credit card to make a purchase, they may be charged with criminal use of an access device in the second degree, even if the purchase is unsuccessful.
ExamplePeople v. Lamb, 107 A.D.3d 1339 (3d Dep't 2013). In this case, the defendant was charged with, among other things, criminal use of an access device in the second degree under New York Penal Law § 190.75. The defendant used a stolen credit card to purchase goods and services in excess of $1,000. The defendant argued that the evidence was insufficient to prove that he used the access device with intent to defraud or obtain property. However, the court disagreed and found that the evidence, including surveillance footage, witness testimony, and the credit card receipts, supported the conviction. The court upheld the defendant's conviction and sentence.
Related OffensesThe maximum sentence for a class A misdemeanor in New York is up to one year in jail and/or a fine of up to $1,000. However, the actual sentence imposed may vary depending on a variety of factors including the defendant's criminal history and the judge's discretion.
New York Penal Law § 190.75: Criminal Use of an Access Device in the Second DegreeA person is guilty of criminal use of an access device in the second degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person. As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter. Criminal use of an access device in the second degree is a class A misdemeanor.
Contact Stephen Bilkis & AssociatesIf you are charged with New York Penal Law § 190.75, Criminal use of an access device in the second degree, you should seek legal representation immediately. A skilled criminal attorney serving New York can help you understand the charges against you and advise you on how to proceed. It is important to avoid making any statements to law enforcement or anyone else before consulting with your attorney. An experienced criminal attorney in New York can also help you prepare a defense strategy, negotiate a plea bargain, or represent you in court if necessary. 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.