N.Y. Penal Law § 190.83: Unlawful possession of personal identification information in the first degree

§ 190.83 Unlawful possession of personal identification information in

the first degree.

A person is guilty of unlawful possession of personal identification

information in the first degree when he or she commits the crime of

unlawful possession of personal identification information in the second

degree and:

1. with intent to further the commission of identity theft in the

second degree, he or she supervises more than three accomplices; or

2. 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 this section, 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; or

3. with intent to further the commission of identity theft in the

second degree:

(a) he or she supervises more than two accomplices, and

(b) he or she knows that the person whose personal identification

information that he or she possesses is a member of the armed forces,

and

(c) he or she knows that such member of the armed forces is presently

deployed outside of the continental United States.

Unlawful possession of personal identification information in the

first degree is a class D felony.