New York Consolidated Laws

N.Y. Penal Law § 190.82 (2026)

Unlawful possession of personal identification information in the second degree

✓ current as of May 2026

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§ 190.82 Unlawful possession of personal identification information in
           the second degree.
  A person is guilty of unlawful possession of personal identification
information in the second degree when he or she knowingly possesses two
hundred fifty or more items of personal identification information of
the following nature: a person's financial services account number or
code, savings account number or code, checking account number or code,
brokerage account number or code, credit card account number or code,
debit card number or code, automated teller machine number or code,
personal identification number, mother's maiden name, computer system
password, electronic signature or unique biometric data that is a
fingerprint, voice print, retinal image or iris image of another person
knowing such information is intended to be used in furtherance of the
commission of a crime defined in this chapter.
  Unlawful possession of personal identification information in the
second degree is a class E felony.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2014–2021 · leading case: People v. Green, 121 A.D.3d 808 (N.Y. App. Div. 2014).

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People v. Green, 121 A.D.3d 808 (N.Y. App. Div. 2014). “Penal Law § 190.82 provides that a person is “guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: a person’s…”

The People v. Frederic Badji (NY 2021). “Second- degree identity theft is an E felony which requires the possession of 250 or more items of personal identification information with the intent to commit a separate identity fraud crime (Penal Law § 190.82; see also Penal Law § 190.”

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