New York Consolidated Laws

N.Y. Penal Law § 190.83 (2026)

Unlawful possession of personal identification information in the first degree

✓ current as of May 2026

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§ 190.83 Unlawful possession of personal identification information in
           the first degree.
  A person is guilty of unlawful possession of personal identification
information in the first degree when he or she commits the crime of
unlawful possession of personal identification information in the second
degree and:
  1. with intent to further the commission of identity theft in the
second degree, he or she supervises more than three accomplices; or
  2. 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 this section, 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 section 190.86, 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; or
  3. with intent to further the commission of identity theft in the
second degree:
  (a) he or she supervises more than two accomplices, and
  (b) he or she knows that the person whose personal identification
information that he or she possesses is a member of the armed forces,
and
  (c) he or she knows that such member of the armed forces is presently
deployed outside of the continental United States.
  Unlawful possession of personal identification information in the
first degree is a class D felony.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: The People v. Frederic Badji (NY 2021).

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The People v. Frederic Badji (NY 2021). “For example, first-degree unlawful possession of personal identification information is a D felony which requires either the supervision of accomplices, a previous conviction for an identity theft crime, or that the defendant held the information with the intent to commit…”

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