Statute:

Offenses involving theft of identity; definitions

ยง 190.77 Offenses involving theft of identity; definitions.

1. For the purposes of sections 190.78, 190.79, 190.80, 190.80-a and
190.85 of this article "personal identifying information" means a
person's name, address, telephone number, date of birth, driver's
license number, social security number, place of employment, mother's
maiden name, financial services account number or code, savings account
number or code, checking account number or code, brokerage account
number or code, credit card account number or code, debit card number or
code, automated teller machine number or code, taxpayer identification
number, computer system password, signature or copy of a signature,
electronic signature, unique biometric data that is a fingerprint, voice
print, retinal image or iris image of another person, telephone calling
card number, mobile identification number or code, electronic serial
number or personal identification number, medical information, health
insurance information, or any other name, number, code or information
that may be used alone or in conjunction with other such information to
assume the identity of another person.

2. For the purposes of subdivision one of this section and sections
190.78, 190.79, 190.80, 190.80-a, 190.81, 190.82, 190.83 and 190.85 of
this article:

a. "electronic signature" shall have the same meaning as defined in
subdivision three of section three hundred two of the state technology
law.

b. "personal identification number" means any number or code which may
be used alone or in conjunction with any other information to assume the
identity of another person or access financial resources or credit of
another person.

c. "member of the armed forces" shall mean a person in the military
service of the United States or the military service of the state,
including but not limited to, the armed forces of the United States, the
army national guard, the air national guard, the New York naval militia,
the New York guard, and such additional forces as may be created by the
federal or state government as authorized by law.

d. "medical information" means any information regarding an
individual's medical history, mental or physical condition, or medical
treatment or diagnosis by a health care professional.

e. "health insurance information" means an individual's health
insurance policy number or subscriber identification number, any unique
identifier used by a health insurer to identify the individual or any
information in an individual's application and claims history,
including, but not limited to, appeals history.

PEN 190.77 2025-03-28

Sections:

190. Other Frauds
190.00 Issuing a bad check; definitions of terms.
190.05 Issuing a bad check.
190.10 Issuing a bad check; presumptions.
190.15 Issuing a bad check; defenses.
190.20 False advertising.
190.23 False personation.
190.25 Criminal impersonation in the second degree.
190.26 Criminal impersonation in the first degree.
190.27 Criminal sale of a police uniform.
190.30 Unlawfully concealing a will.
190.35 Misconduct by corporate official.
190.40 Criminal usury in the second degree.
190.42 Criminal usury in the first degree.
190.45 Possession of usurious loan records.
190.50 Unlawful collection practices.
190.55 Making a false statement of credit terms.
190.60 Scheme to defraud in the second degree.
190.65 Scheme to defraud in the first degree.
190.70 Scheme to defraud the state by unlawfully selling prescriptions.
190.72 Unauthorized radio transmission.
190.75 Criminal use of an access device in the second degree.
190.76 Criminal use of an access device in the first degree.
190.77 Offenses involving theft of identity; definitions.
190.78 Identity theft in the third degree.
190.79 Identity theft in the second degree.
190.80 Identity theft in the first degree.
190.80-a Aggravated identity theft.
190.81 Unlawful possession of personal identification information in the third degree.
190.82 Unlawful possession of personal identification information in the second degree.
190.83 Unlawful possession of personal identification information in the first degree.
190.84 Defenses.
190.85 Unlawful possession of a skimmer device in the second degree.
190.86 Unlawful possession of a skimmer device in the first degree.
190.87 Immigrant assistant services fraud in the second degree.
190.89 Immigrant assistant services fraud in the first degree.

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