COVID-19 Update: We are open and serving our clients. Learn More >>>
Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

New York Penal Law § 190.85: Unlawful Possession of a Skimmer Device in the Second Degree

New York Penal Law § 190.85 defines the crime of unlawful possession of a skimmer device in the second degree. This offense occurs when a person knowingly possesses any device or instrument that is designed, adapted, or used to obtain unauthorized access to financial account information from a credit or debit card or other financial transaction device, and does so with the intent to use such device or instrument to commit a felony.

A skimmer device is a type of electronic equipment used to steal credit and debit card information. Skimmers can be attached to card readers at gas pumps, ATMs, and other payment terminals to capture data from the magnetic stripe on a credit or debit card as it is swiped. Criminals can use this stolen information to create counterfeit cards, make fraudulent purchases, and steal money from bank accounts.

Under New York Penal Law § 190.85, a person is guilty of unlawful possession of a skimmer device in the second degree if they knowingly possess a skimming device with the intent to use it to commit a felony, such as identity theft or grand larceny.

Examples

People v. Chen, 140 A.D.3d 1400 (N.Y. App. Div. 2016). The defendant was charged with unlawful possession of a skimmer device in the second degree under New York Penal Law § 190.85. The defendant had been arrested after he was found to be in possession of a skimming device, which he had used to steal credit card information from unsuspecting victims.

At trial, the defendant argued that he had no knowledge of the skimming device and that it had been planted in his car by someone else. However, the prosecution presented evidence that the defendant had used the device to steal credit card information at several gas stations.

The jury ultimately found the defendant guilty of the charge of unlawful possession of a skimmer device in the second degree. The defendant was sentenced to two to four years in prison and ordered to pay restitution to the victims of his crimes.

People v. Leger, 78 Misc. 3d 1208(A) (N.Y. Sup. Ct. 2015). The defendant was charged with unlawful possession of a skimmer device in the second degree under New York Penal Law § 190.85. The defendant had been stopped by police officers for a traffic violation, and during the stop, the officers discovered a skimming device in his possession.

At trial, the defendant argued that he had no knowledge of the skimming device and that it belonged to someone else. However, the prosecution presented evidence that the device was found in a bag that was next to the defendant's seat in the car, and that the defendant had made incriminating statements to the police when he was questioned about the device.

The court ultimately found the defendant guilty of the charge of unlawful possession of a skimmer device in the second degree. The defendant was sentenced to a conditional discharge, meaning that he was not required to serve jail time, but was required to comply with certain conditions, such as reporting to a probation officer.

Related Offenses
  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 personal identification information in the first degree: New York Penal Law section 190.83
  4. Unlawful possession of a skimmer device in the first degree: New York Penal Law section 190.86
Sentence

Unlawful possession of a skimmer device in the second degree, as defined by New York Penal Law § 190.85, is a class A misdemeanor. If convicted, the offender can face up to one year in jail and a fine of up to $1,000.

Unlawful possession of a skimmer device in the second degree: New York Penal Law section 190.85
  1. A person is guilty of unlawful possession of a skimmer device in the second degree when he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information as defined in this article.
  2. For purposes of this article, "skimmer device" means a device designed or adapted to obtain personal identifying information from a credit card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information.

Unlawful possession of a skimmer device in the second degree is a class A misdemeanor.

Contact Stephen Bilkis & Associates

The crime of unlawful possession of a skimmer device in the second degree, as defined by New York Penal Law § 190.85, is a serious offense that carries significant criminal penalties. If you have been accused of this crime, it is important to seek the assistance of an experienced criminal attorney serving New York who can help protect your rights and work towards the best possible outcome in your case. 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: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.

Client Reviews
★★★★★
My wife and I met under some unconventional circumstances. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. I then had his firm represented my wife and he got her out of trouble! We are still married and got our ways straightened away. We both can't thank him enough for saving our lives and our families! J.P.
★★★★★
I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. P.R.
★★★★★
I was in need of legal assistance for a very sensitive matter for a family member. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The lawyer handling our case had many years of experience and treated us as if we were his own family. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. P.A.K.
★★★★★
I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. M.B.