New York Penal Law § 190.83: Unlawful Possession of Personal Identification Information in the Second Degree

New York Penal Law § 190.83 prohibits the unlawful possession of personal identification information in the second degree. This offense occurs when an individual knowingly possesses personal identifying information of another person, such as their name, address, social security number, driver's license number, or credit card number, with the intent to use such information to commit a felony or to aid or abet another person to commit a felony.

Examples of conduct that could lead to charges of unlawful possession of personal identification information in the second degree include stealing someone's wallet or computer containing personal identifying information, purchasing or obtaining stolen personal identifying information, and accessing another person's email or other online accounts without their consent.

If charged with this offense, it is essential to seek the advice and representation of an experienced New York criminal lawyer who can help protect your rights and advocate for your interests.

People v. George, 130 A.D.3d 1031 (2d Dep't 2015). In People v. George, the defendant was charged with criminal possession of a forged instrument and unlawful possession of personal identification information in the second degree under New York Penal Law § 190.83. The charges stemmed from the defendant's possession of a forged American Express card and several credit card numbers belonging to other individuals. The defendant argued that the evidence should be suppressed because the police officers had conducted an unlawful search of his vehicle. The trial court denied the motion to suppress and the defendant was convicted on both counts.

On appeal, the Appellate Division, Second Department, affirmed the conviction, finding that the police officers had probable cause to search the defendant's vehicle and that the search was conducted in a lawful manner. The court noted that the officers had observed the defendant acting suspiciously and attempting to flee the scene, which provided the probable cause for the search.

The court also rejected the defendant's argument that the evidence was insufficient to support the conviction for unlawful possession of personal identification information, finding that the evidence presented at trial established the defendant's knowing possession of the credit card numbers.

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 second degree: New York Penal Law section 190.82
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 a Class D felony in New York can range from probation to 7 years in prison, with a maximum fine of $5,000 or twice the amount of the defendant's gain from the crime (whichever is greater).

A person is guilty of unlawful possession of personal identification information in the first degree when he or she commits the crime of unlawful possession of personal identification information in the second degree and:

1. with intent to further the commission of identity theft in the second degree, he or she supervises more than three accomplices; or
2. he or she 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 section 190.79, 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 this section, 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; or
3. with intent to further the commission of identity theft in the second degree:
   1. he or she supervises more than two accomplices, and
   2. he or she knows that the person whose personal identification information that he or she possesses is a member of the armed forces, and
   3. he or she knows that such member of the armed forces is presently deployed outside of the continental United States.

Unlawful possession of personal identification information in the first degree is a class D felony.

If you are charged with unlawful possession of personal identification information in the second degree, it is important to take the charge seriously and seek legal counsel immediately. An experienced criminal attorney serving New York can help you understand the charges, your rights, and the potential consequences. Your attorney may be able to negotiate with the prosecution to reduce or dismiss the charges, or to seek a favorable plea agreement. If your case goes to trial, your attorney will represent you in court and work to build a strong defense on your behalf. 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.