New York Consolidated Laws

N.Y. Penal Law § 190.78 (2026)

Identity theft in the third degree

✓ current as of May 2026

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§ 190.78 Identity theft in the third degree.
  A person is guilty of identity theft in the third 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 or causes financial loss to such person or to
another person or persons; or
  2. commits a class A misdemeanor or higher level crime.
  Identity theft in the third degree is a class A misdemeanor.

Notes of Decisions

Cited in 22 cases (9 in the last 5 years), 2005–2025 · leading case: People v. Roberts, 31 N.Y.3d 406 (NY 2018).

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People v. Roberts, 31 N.Y.3d 406 (NY 2018). · cites it 2× “In addition to the necessary mens rea, each of the identity theft statutes also requires that the defendant attempts or achieves a criminal end or purpose (Penal Law §§ 190.78, 190.79, 190.80). Thus, while the act of using another's credit card falls squarely within the identity…”

People v. Marrero, 8 Misc. 3d 172 (N.Y. Sup. Ct. 2005). · cites it 2× “1 On October 23, 2003, the defendant was charged with identity theft in the third degree (Penal Law § 190.78 [1]), unlawful possession of personal identification information in the third degree (Penal Law § 190.”

People v. Debranche, 38 Misc. 3d 872 (N.Y. City Civ. Ct. 2012). · cites it 4× “ssumes 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 thereby” either “obtains goods, money, property or services or uses credit in the…”

People v. Smith, 139 A.D.3d 131 (N.Y. App. Div. 2016). “45 [2]), identity theft in the third degree (Penal Law § 190.78 [1]), and criminal trespass in the third degree (Penal Law § 140.”

Hayes v. Perotta, 751 F. Supp. 2d 597 (S.D.N.Y. 2010). “65 (1)(a), and identity theft in the third degree, in violation of N.Y. Penal Law § 190.78 . (Id. Exs. C, F-G.”

People v. Vandermuelen, 42 A.D.3d 667 (N.Y. App. Div. 2007). “The evidence was also legally sufficient to establish defendant’s commission of the crime of identity theft in the third degree (see Penal Law § 190.78 [1]). The credit card account was opened in the victim’s name and with her identifying information, and three charges were made.”

Matter of Yajaira B. v. Victoria B., 2022 NY Slip Op 02863 (N.Y. App. Div. 2022). “Even afforded a liberal construction and accepted as true, the conclusory and nonspecific allegations in the petition fail to allege facts that, if proven, would establish that respondent committed the family offenses of harassment in the second degree under Penal Law § 240.”

In re Daniel H., 67 A.D.3d 527 (N.Y. App. Div. 2009). “He was charged with acts that, if an adult committed them, would constitute, inter alia, burglary in the third degree (Penal Law § 140.”

Matter of Luis C., 124 A.D.3d 109 (N.Y. App. Div. 2014). “That legislation added the crimes of identity theft in the third, second, and first degrees (Penal Law §§ 190.78, 190.79, 190.80), as well as unlawful possession of personal identification information in the third, second, and first degrees (Penal Law §§ 190.”

In re Pope, 2014 VT 94 (Vt. 2014). “April 2014, disciplinary counsel for the Professional Responsibility Board notified the Court that respondent — an attorney admitted to the practice of law in the states of New York and Vermont — had received a two-year suspension from the practice of law in New York based on a…”

Matter of E. Y. A.-G. v. S.B., 2024 NY Slip Op 5632 (N.Y. App. Div. 2024). “y failed to establish by a preponderance of the evidence that respondent, knowingly and with the intent to defraud, assumed petitioner's identity and obtained goods, money, property, or services; used credit in petitioner's name; caused petitioner or anyone else a financial…”

The People v. Frederic Badji (NY 2021). · cites it 2× “Such a defendant could be charged with third-degree identity theft (Penal Law § 190.78 [1]) and third-degree unlawful possession of personal identification information (Penal Law § 190.”

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— N.Y. Penal Law § 190.78(1) — 1 case

Silas v. The City of New York (E.D.N.Y 2023).

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