{"jurisdiction": "us-ny", "code": "penal", "section": "190.80", "citation": "Penal Law § 190.80", "heading": "Identity theft in the first degree", "text": ["§ 190.80 Identity theft in the first degree.", "A person is guilty of identity theft in the first 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 in an aggregate amount that exceeds two thousand dollars; or", "2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or", "3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or", "4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and 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 this section, 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 section 190.83, 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.", "Identity theft in the first degree is a class D felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/190.80", "from_official_api": true, "plain_english": "A person commits first-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:\n- **(1)** obtaining goods, money, property or services or using credit in that person's name **in an aggregate amount over $2,000**;\n- **(2)** causing financial loss to that person or others **in an aggregate amount over $2,000**;\n- **(3)** committing or attempting a **class D felony or higher level crime**, or acting as an **accessory** to a class D or higher felony; or\n- **(4)** committing **second-degree identity theft** after being convicted **within the last 5 years** of identity theft in the third degree (**§ 190.78**), second degree (**§ 190.79**) or first degree (**§ 190.80**); unlawful possession of personal identification information in the third (**§ 190.81**), second (**§ 190.82**) or first degree (**§ 190.83**); unlawful possession of a skimmer device in the second (**§ 190.85**) or first degree (**§ 190.86**); or grand larceny in the fourth (**§ 155.30**), third (**§ 155.35**), second (**§ 155.40**) or first degree (**§ 155.42**). ★\nThe offense is a **class D felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/190.80", "publisher": "Elyphived LLC"}