To convict individual accused of identity theft the government must prove, beyond a reasonable doubt, that the individual knowingly and with intent to defraud, assumed the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person. In addition the government must also show that the identity of another person was assumed to gain something, or to commit a crime, or that the person whose identity was assumed suffered a financial loss.

[1] As identity theft has been increasingly publicized in the media, the government has taken a harsh stance, enacting statues that are complex and carry severe penalties.

In Syracuse, there are three degrees of identity theft: 3rd degree (PL 190.78) is an “A” misdemeanor; 2nd degree (PL 190.79) is a class “E” felony; 1st degree (PL 190.80) is a class “D” felony. There is also aggravated identity theft (PL 190.80a) which is a class “D” felony as well. For each degree of identity theft the government must show the first component: that an individual knowingly and intentionally, with intent to defraud, assumed the identity of another person by using personal identifying information, or acting as the other person, or presenting themselves as that other person. In order to satisfy the second component of identity theft the government must also show some tangible/financial gain to the person accused, or some financial loss to the person whose identity has been stolen, or that the person accused assumed the identity to commit a crime. The second component of identity theft is where each degree is determined. Furthermore, having a prior conviction for identity theft or a related offense within the proceeding five (5) years may also increase the severity of the degree of identity theft that an individual can be accused of. See the statutory language section below for the factors which increase the degree of identity theft.[2]

As previously mentioned, identity theft has gotten a lot of publicity due to the increased frequency with which consumers have placed their personal information on the internet for various reasons. As a response the government has attached harsh penalties to identity theft and related offenses including prison sentences, probation, and excessive fines. Identity theft in the 3rd degree (PL 190.78) is punishable by either (1) year in jail, or three (3) years of probation, and with a fine of $1,000. Identity theft in the 2nd degree (PL 190.79) is punishable by either up to four (4) years in prison, or five (5) years of probation, and with a $5,000 fine. Identity theft in the 1st degree is punishable by either up to seven (7) years in prison, or five (5) years of probation, and with a $5,000 fine.[3]

Outside the three degrees of identity theft, an individual can also be accused of aggravated identity theft (PL 190.80a). Aggravated identity theft is identical to identity theft in the 2nd degree (defined below) except that the identity alleged to have been stolen is that of an active United States military personnel member who is deployed. Aggravated identity theft although identical to identity theft in the 2nd degree, is punishable as identity theft in the 1st degree, and as such it carries up to seven (7) years in prison, or five (5) years of probation, and also requires a $5,000 fine.

Each degree of identity theft has essentially two components, the first component is identical for each degree, and as mentioned above it is the second component that separates each degree. Listed below are the statutory factors that distinguish each degree of identity theft.

First Component in Syracuse

“Knowingly and with intent to defraud, assumed the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person”[4] AND:

Identity Theft 3rd Degree (PL 190.78) in Syracuse

“1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or

  1. commits a class A misdemeanor or higher level crime.”

Identity Theft 2nd Degree (PL 190.79) in Syracuse

“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

  1. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or
  2. commits or attempts to commit a felony or acts as an accessory to the commission of a felony”

Identity Theft 1st Degree (PL 190.80) in Syracuse

“1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or

  1. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or
  2. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony”

Aggravated Identity Theft (PL 190.80a) in Syracuse

“A person is guilty of aggravated identity theft when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and knows that such person is a member of the armed forces, and knows that such member is presently deployed outside of the continental United States and:

  1. thereby obtains goods, money, property or services or uses credit in the name of such member of the armed forces in an aggregate amount that exceeds five hundred dollars; or
  2. thereby causes financial loss to such member of the armed forces in an aggregate amount that exceeds five hundred dollars”

Prior Convictions in Syracuse

Any prior conviction of identity theft or grand larceny within the previous five (5) years will increase the current applicable degree of identity theft by one level.[5]

Conclusion

The public reaction to the media attention surrounding identity theft has placed those accused of these offenses in a precarious situation. The severe nature of the penalties associated with these charges can have long lasting effects on your life, family, career, and freedom. That is why hiring an experienced team of attorneys to help you face these challenges is the best decision you can make. It takes a legal team who is at your side, willing to fight for you, in order to overcome accusations like these, and to ensure that you receive the best possible outcome to your case.

[1] New York Penal Law Section 190.78

[2] New York Penal Law Article 190

[3] New York Penal Law Title E

[4] New York Penal Law Section 190.78

[5] New York Penal Law Article 190