Penal Law § 190.85

Unlawful possession of a skimmer device in the second degree · as in force on May 31, 2026

§ 190.85 Unlawful possession of a skimmer device in the second degree.

1. A person is guilty of unlawful possession of a skimmer device in the second degree when he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information as defined in this article.

2. For purposes of this article, "skimmer device" means a device designed or adapted to obtain personal identifying information from a credit card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information.

Unlawful possession of a skimmer device in the second degree is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/190.85

In plain English

This section makes possessing a skimmer for identity crimes an offense and defines the device:

(1) A person commits second-degree unlawful possession of a skimmer device by possessing a skimmer device intending it to be used to commit identity theft or unlawful possession of personal identification information under this article. ★
(2) A skimmer device is a device designed or adapted to obtain personal identifying information from a credit, debit, public benefit or access card or device, or any other card or device containing such information.

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.

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.