Identity theft in the third degree · as in force on May 31, 2026
§ 190.78 Identity theft in the third degree.
A person is guilty of identity theft in the third degree when such person knowingly and with intent to defraud assumes the identity of another person by presenting themself 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 or causes financial loss to such person or to another person or persons; or
2. commits a class A misdemeanor or higher level crime.
Identity theft in the third degree is a class A misdemeanor.
A person commits third-degree identity theft by knowingly and with intent to defraud assuming another person's identity by presenting themself as, acting as, or using the personal identifying information of that person, and thereby:
The offense is a class A misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.