New York Penal Law § 190.76: Criminal Use of an Access Device in the First Degree

New York Penal Law § 190.76 defines the crime of criminal use of an access device in the first degree. An access device refers to any card, plate, code, account number, or other means of account access that can be used to obtain money, goods, services, or anything of value. The law prohibits the use of an access device with the intent to commit or aid in the commission of a felony.

Under this law, a person is guilty of criminal use of an access device in the first degree if they use an access device to obtain property with a value of over $1,000, or if they commit the crime of criminal possession of stolen property in the third degree by using an access device. Additionally, the use of an access device in the commission of an offense in which the person intentionally causes physical injury to another person, or threatens to do so, is also a criminal use of an access device in the first degree.

In order to prove a case of criminal use of an access device in the first degree, the prosecution must show that the defendant knowingly used an access device with the intent to commit or aid in the commission of a felony, and that the value of the property obtained exceeded $1,000 or that the defendant committed criminal possession of stolen property in the third degree.

People v. Bilal (2015 NY Slip Op 25718). In this case, the defendant, Muhammad Bilal, was accused of using a skimming device to steal credit card information from customers at a gas station in Queens. He was charged with multiple counts, including criminal possession of stolen property, forgery, and criminal possession of a forged instrument, but was ultimately convicted of criminal use of an access device in the first degree under § 190.76.

During trial, evidence was presented that showed Bilal had used a skimming device to steal credit card information from several customers over a period of months. The stolen information was then used to make unauthorized purchases, resulting in losses of thousands of dollars. The prosecution argued that Bilal's actions constituted criminal use of an access device in the first degree because they involved the theft and use of credit card information with the intent to defraud. Bilal was found guilty of criminal use of an access device in the first degree.

1. Unauthorized radio transmission: New York Penal Law section 190.72
2. Criminal use of an access device in the second degree: New York Penal Law section 190.75

Criminal use of an access device in the first degree is a class E felony. The sentence for a class E felony in New York State can include a term of imprisonment of up to 4 years, a period of probation, and/or a fine. The exact sentence will depend on various factors, such as the specific circumstances of the case, the defendant's prior criminal record, and any mitigating or aggravating factors present. It is important to note that a judge has significant discretion in determining a sentence and will consider all relevant factors before making a decision.

A person is guilty of criminal use of an access device in the first 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, and so obtains such services with a value in excess of one thousand dollars. 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 first degree is a class E felony.

If you are charged with criminal use of an access device in the first degree, it is important to seek the assistance of an experienced New York criminal lawyer who can review the evidence against you, assess the strength of the case against you, and work to develop a defense strategy tailored to your specific circumstances. Depending on the circumstances of your case, a defense strategy may involve challenging the sufficiency of the evidence against you, arguing that you lacked the intent to commit a felony, or negotiating a plea bargain with the prosecution. 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.