N.Y. Penal Law § 190.86: Unlawful possession of a skimmer device in the first degree

§ 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.