New York Penal Law § 190.82: Unlawful Possession of Personal Identification Information in the Second Degree

This offense occurs when an individual possesses the personal identification information of five or more people with the intent to use such information unlawfully. Personal identification information includes things like social security numbers, driver's license numbers, and credit card information. Possessing this information can allow a person to commit identity theft, fraud, and other crimes. Unlawful possession of personal identification information in the second degree is a Class E felony in New York. If convicted, a person may face a prison sentence of up to four years, as well as fines and other penalties.

To prove this offense, the prosecution must demonstrate that the defendant knowingly possessed personal identification information from at least five people, and that they had the intent to use that information unlawfully. Possession can include physical possession of documents or electronic devices containing the information, or access to databases or other sources where the information is stored.

If you are facing charges of unlawful possession of personal identification information in the second degree, it is important to seek the guidance of an experienced New York criminal lawyer. They can review the details of your case, identify potential defenses, and work to protect your rights throughout the legal process.

People v. Izzo, 143 A.D.3d 944 (2d Dep't 2016). In this case, the defendant, Izzo, was charged with multiple counts of identity theft and unlawful possession of personal identification information in the second degree under New York Penal Law § 190.82. The charges stemmed from Izzo's involvement in a scheme to steal personal identification information from individuals and use that information to open fraudulent bank accounts and make unauthorized purchases.

At trial, the prosecution presented evidence that Izzo had been involved in the scheme, including testimony from co-conspirators and records of fraudulent transactions. Izzo argued that he was not aware of the fraudulent nature of the scheme and had only acted as a courier for his co-conspirators. However, the jury ultimately found Izzo guilty of multiple counts of identity theft and unlawful possession of personal identification information in the second degree.

This case illustrates the serious consequences that can result from engaging in identity theft and the unlawful possession of personal identification information. Anyone facing charges under New York Penal Law § 190.82 should seek the guidance of an experienced New York criminal lawyer to ensure their rights are protected and to explore potential defenses.

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 first degree: New York Penal Law section 190.83
3. Unlawful possession of a skimmer device in the second degree: New York Penal Law section 190.85
4. Unlawful possession of a skimmer device in the first degree: New York Penal Law section 190.86

The sentence for New York Penal Law § 190.82: Unlawful possession of personal identification information in the second degree is considered a class E felony and can result in a maximum prison term of 4 years. Additionally, a fine of up to $5,000 may be imposed upon conviction.

A person is guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: a person`s financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother`s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person knowing such information is intended to be used in furtherance of the commission of a crime defined in this chapter. Unlawful possession of personal identification information in the second degree is a class E felony.

If you are charged with unlawful possession of personal identification information in the second degree, it is important to seek legal counsel immediately. A conviction for this offense can result in serious consequences, including imprisonment, fines, and a criminal record that can impact your future. An experienced criminal attorney serving New York can review the details of your case and advise you on the best course of action. They can help you understand your legal rights and the potential defenses available to you. Your criminal attorney in New York may be able to negotiate with the prosecutor to have the charges reduced or dismissed, or they may recommend that you go to trial to fight the charges. 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.