New York Penal Law § 190.79: Identity Theft in the Second Degree

Identity theft is a serious criminal offense that involves the unauthorized use of someone else's personal identifying information, such as their name, social security number, or date of birth, for fraudulent purposes. New York Penal Law § 190.79 establishes the offense of identity theft in the second degree, which is a more serious offense than identity theft in the third degree, as it involves the commission of an additional aggravating factor.

Under New York Penal Law § 190.79, a person is guilty of identity theft in the second degree if they commit the crime of identity theft in the third degree, as defined under New York Penal Law § 190.78, and they also commit one of the following aggravating factors:

• They obtain property, credit, or services with a value of more than $500 using the personal identifying information of another person.
• They commit the crime of identity theft in the third degree against 10 or more persons or against a person who is less than 60 years old and obtains more than $2,000 in property, credit, or services.

It is important to note that to be convicted of identity theft in the second degree, the prosecution must prove that the defendant committed the underlying offense of identity theft in the third degree and one of the aggravating factors listed above.

Identity theft is a serious crime that can have a devastating impact on the victim's financial and personal life. Victims of identity theft may experience significant financial losses, damage to their credit scores, and emotional distress. Identity theft is a rapidly growing problem, with millions of Americans falling victim to this crime each year. Therefore, the New York Penal Law takes this offense very seriously, and the penalties for committing identity theft in the second degree are severe.

People v. Vera, 63 A.D.3d 1079 (3d Dep't 2009). In this case, the defendant, Jose Vera, was charged and convicted of identity theft in the second degree and forgery in the second degree. Vera obtained the personal identification information of an individual and used it to fraudulently obtain credit cards and purchase items. The victim of the identity theft testified at trial about the financial difficulties and emotional distress caused by the theft. The defendant appealed, arguing that there was insufficient evidence to support his conviction. However, the Appellate Division upheld the conviction, finding that there was sufficient evidence to establish that the defendant possessed the victim's personal identification information and used it for unlawful purposes, satisfying the elements of identity theft in the second degree.

1. Identity theft in the third degree: New York Penal Law section 190.78
2. Identity theft in the first degree: New York Penal Law section 190.80
3. Aggravated identity theft: New York Penal Law section 190.80-A

In New York, Identity theft in the second degree is a class E felony. The sentence for a class E felony in New York is imprisonment for up to 4 years, a fine of up to $5,000, or both. However, the sentence can be increased based on the defendant's criminal history and the circumstances surrounding the crime.

A person is guilty of identity theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or
2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or
3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or
4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and 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 this section, 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 section 190.86, 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.

Identity theft in the second degree is a class E felony.

If you are facing charges of identity theft in the second degree under New York Penal Law § 190.79, it is essential to seek legal representation from an experienced criminal attorney serving New York. This offense carries severe consequences, including imprisonment, fines, and a criminal record that can impact your future employment prospects and personal relationships. At Stephen Bilkis & Associates we understand the complexities of these charges and the need for a strong defense. We are committed to protecting your rights, challenging the evidence against you, and pursuing the best possible outcome for your case. Contact us 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.