{"jurisdiction": "us-ny", "code": "penal", "section": "190.83", "citation": "Penal Law § 190.83", "heading": "Unlawful possession of personal identification information in the first degree", "text": ["§ 190.83 Unlawful possession of personal identification information in", "the first degree.", "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:", "(a) he or she supervises more than two accomplices, and", "(b) he or she knows that the person whose personal identification information that he or she possesses is a member of the armed forces, and", "(c) 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/190.83", "from_official_api": true, "plain_english": "A person commits first-degree unlawful possession of personal identification information by committing **second-degree unlawful possession** and:\n- **(1)** with intent to further second-degree identity theft, **supervising more than 3 accomplices**;\n- **(2)** having been 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**); or ★\n- **(3)** with intent to further second-degree identity theft, **supervising more than 2 accomplices** while **knowing** the information belongs to a **member of the armed forces** who is **presently deployed outside the continental United States**. ★\nThe offense is a **class D felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/190.83", "publisher": "Elyphived LLC"}