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New York criminal charge

Unlawful possession of personal identification information in the first degree in New York

Class D FelonyCurrent through 2026 New York legislative session

Unlawful possession of personal identification information in the first degree is a Class D Felony under New York criminal law, defined by N.Y. Penal Law § 190.83. As a Class D Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).

Defined by N.Y. Penal Law § 190.83.

What is the penalty for unlawful possession of personal identification information in the first degree in New York?

Penalties for Unlawful possession of personal identification information in the first degree
PenaltyRangeBasisAuthority
Jail / prisonup to 7 years (authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06))discretionaryN.Y. Penal Law § 70.00
Fineup to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10))discretionaryN.Y. Penal Law § 70.00

Applies to current.

Common questions about unlawful possession of personal identification information in the first degree in New York

What class of felony is unlawful possession of personal identification information in the first degree in New York?

Unlawful possession of personal identification information in the first degree is a Class D Felony in New York under N.Y. Penal Law § 190.83.

What are the penalties for unlawful possession of personal identification information in the first degree in New York?

As a Class D Felony, unlawful possession of personal identification information in the first degree carries up to 7 years (the maximum authorized for the class) of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).

Which New York statute covers unlawful possession of personal identification information in the first degree?

Unlawful possession of personal identification information in the first degree is governed by N.Y. Penal Law § 190.83 (Unlawful possession of personal identification information in the first degree).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.