N.Y. Penal Law § 190.79: Identity theft in the second degree

§ 190.79 Identity theft in the second degree.

A person is guilty of identity theft in the second degree when such

person knowingly and with intent to defraud assumes the identity of

another person by presenting themself as that other person, or by acting

as that other person or by using personal identifying information of

that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the

name of such other person in an aggregate amount that exceeds five

hundred dollars; or

2. causes financial loss to such person or to another person or

persons in an aggregate amount that exceeds five hundred dollars; or

3. commits or attempts to commit a felony or acts as an accessory to

the commission of a felony; or

4. commits the crime of identity theft in the third degree as defined

in section 190.78 of this article and 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 this section, 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 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.

Identity theft in the second degree is a class E felony.