New York Penal Law § 190.25: Criminal Impersonation in the Second Degree

New York Penal Law § 190.25 criminalizes the act of criminal impersonation in the second degree. This offense occurs when a person pretends to be someone else with the intent to obtain a benefit or to defraud or injure another person. It is classified as a class A misdemeanor, which can carry a sentence of up to one year in jail, probation, or a fine.

To be guilty of criminal impersonation in the second degree, a person must actively pretend to be someone else, either by assuming that person's identity or by making a false representation about their identity. The person must also have a specific intent to obtain a benefit, such as money or property, or to defraud or injure another person. Additionally, the impersonation must have caused some type of material harm, such as financial loss or physical harm, to the person who was defrauded or injured.

Examples of criminal impersonation in the second degree include pretending to be a doctor to write oneself a prescription, posing as a police officer to gain access to a restricted area or to intimidate someone, or assuming someone else's identity to obtain credit or other financial benefits.

People v. Harford, 56 Misc.3d 447 (N.Y. City Crim. Ct. 2017). In People v. Harford, the defendant was accused of criminal impersonation in the second degree under New York Penal Law § 190.25. The defendant, who was not a firefighter, dressed in a firefighter uniform and entered a restricted area during a fire in a residential building. When confronted by a real firefighter, the defendant claimed to be a "relief" firefighter and showed a badge with his name on it. However, the badge did not identify him as a firefighter or authorize him to enter the restricted area.

The defendant was charged with criminal impersonation in the second degree, as well as other charges related to his actions during the fire. At trial, the prosecution argued that the defendant had intended to gain access to the restricted area by pretending to be a firefighter. The defense argued that the defendant was merely trying to help during the emergency and did not intend to deceive anyone. The court found the defendant guilty of criminal impersonation in the second degree, as well as other charges related to his actions during the fire.

1. Issuing a bad check: New York Penal Law section 190.10
2. False advertising: New York Penal Law section 190.20
3. Criminal impersonation in the first degree: New York Penal Law section 190.26

As a class A misdemeanor, the sentence for New York Penal Law § 190.25, criminal impersonation in the second degree may include up to one year in jail, a fine of up to $1,000, or probation. However, the actual sentence can vary depending on the specific circumstances of the case and the defendant’s criminal history. A person convicted of criminal impersonation in the second degree may face a combination of jail time, probation, and/or a fine.

A person is guilty of criminal impersonation in the second degree when he:

1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or
2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense.
4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretense.

Criminal impersonation in the second degree is a class A misdemeanor.

If someone is charged with criminal impersonation in the second degree, a class A misdemeanor, it is essential to contact an experienced New York criminal lawyer because the charge carries serious consequences. Experienced representation can help the defendant understand the charges, evaluate the evidence, and develop an effective 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.