Unlawful possession of a skimmer device in the first degree · as in force on May 31, 2026
§ 190.86 Unlawful possession of a skimmer device in the first degree.
A person is guilty of unlawful possession of a skimmer device in the first degree when he or she commits the crime of unlawful possession of a skimmer device in the second degree and 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 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 this section, 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.
Unlawful possession of a skimmer device in the first degree is a class E felony.
A person commits first-degree unlawful possession of a skimmer device by committing second-degree unlawful possession of a skimmer device 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). ★ It is a class E felony.
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.