N.Y. Penal Law § 190.86 (2026)

§ 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.