New York statute
N.Y. Penal Law § 190.78 — Identity theft in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 190: Other Frauds, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 190.78
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is identity theft in the third degree in New York?
Identity theft in the third degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 190.78.
Which New York statute covers identity theft in the third degree?
Identity theft in the third degree is governed by N.Y. Penal Law § 190.78 (Identity theft in the third degree).
This reference is informational and is not legal advice.