Penal Law § 190.84

Defenses · as in force on May 31, 2026

§ 190.84 Defenses.

In any prosecution for identity theft or unlawful possession of personal identification information pursuant to this article, it shall be an affirmative defense that the person charged with the offense:

1. was under twenty-one years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing alcohol;

2. was under eighteen years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing tobacco products; or

3. used or possessed the personal identifying or identification information of another person solely for the purpose of misrepresenting the person's age to gain access to a place the access to which is restricted based on age.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/190.84

In plain English

In a prosecution for identity theft or unlawful possession of personal identification information under this article, it is an affirmative defense that the accused:

(1) was under 21 years old and used or possessed another's information solely to buy alcohol; ★
(2) was under 18 years old and used or possessed it solely to buy tobacco products; or
(3) used or possessed it solely to misrepresent age to get into a place where access is restricted by age.

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.

In print

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.