N.Y. Penal Law § 190.84: Defenses

§ 190.84 Defenses.

In any prosecution for identity theft or unlawful possession of

personal identification information pursuant to this article, it shall

be an affirmative defense that the person charged with the offense:

1. was under twenty-one years of age at the time of committing the

offense and the person used or possessed the personal identifying or

identification information of another solely for the purpose of

purchasing alcohol;

2. was under eighteen years of age at the time of committing the

offense and the person used or possessed the personal identifying or

identification information of another solely for the purpose of

purchasing tobacco products; or

3. used or possessed the personal identifying or identification

information of another person solely for the purpose of misrepresenting

the person's age to gain access to a place the access to which is

restricted based on age.