Creates the crime of identity theft in the fourth degree; provides that such crime shall be a class A misdemeanor.
TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of identity theft in the fourth degree
PURPOSE OR GENERAL IDEA OF BILL: Expands the scope of the crime of identity theft to include attempts to assume the identity of another person.
SUMMARY OF SPECIFIC PROVISIONS: The penal law is amended to include a new section 190.77a to create the crime of identity theft in the fourth degree. Makes the crime of identity theft in the fourth degree a class A misdemeanor.
JUSTIFICATION: Identity theft is an ongoing Crime in the State of New York. Some identity theft is overt such as using stolen identification at a local or online retailer. Other forms of identity theft rely on "phishing" or "social engineering". Individuals masquerade as someone else in order to gain information. They may, for example, contact a bank to learn if a potential victim has funds in their account. Or, they may contact a large computing institution pretending to be an executive who "forgot" his/her password. Merely pretending to be someone else, without more, does not constitute a crime. This legislation would address this gap in the existing identity theft law.
PRIOR LEGISLATIVE HISTORY: S.7613 of 2008 04/17/08 Referred to Codes S.115 of 2009 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred and twentieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1656 2011-2012 Regular Sessions IN SENATE January 11, 2011 ___________Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of identity theft in the fourth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 190.77-a to read as follows: S 190.77-A IDENTITY THEFT IN THE FOURTH DEGREE. A PERSON IS GUILTY OF IDENTITY THEFT IN THE FOURTH DEGREE WHEN HE OR SHE KNOWINGLY AND WITH INTENT TO DEFRAUD ATTEMPTS TO ASSUME 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, FOR THE PURPOSE OF: 1. OBTAINING GOODS, MONEY, PROPERTY OR SERVICES OR USES CREDIT IN THE NAME OF SUCH OTHER PERSON OR CAUSES FINANCIAL LOSS TO SUCH PERSON OR TO ANOTHER PERSON OR PERSONS; OR 2. COMMITTING A CLASS A MISDEMEANOR OR HIGHER LEVEL CRIME. IDENTITY THEFT IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05883-01-1