New Fraud / Identity Theft Crime On the Books in NY- Ulawful Possession of a Skimmer Device

NY criminal defense attorneys should be on notice. The crimes of Identity Theft, Grand Larceny, and Unlawful Possession of Personal Identifying Information have new “friends.” NY criminal defense attorneys and every day citizens should be aware that as of November 4, 2008, New York added additional crimes to the NYS Penal Law. These new offenses, Unlawful Possession of a Skimmer Device in the First and Second Degrees, directly relate to using skimmers to perpetrate certain fraud crimes.

Pursuant to Penal Law 190.85, a person is guilty of Unlawful Possession of a Skimmer Device in the Second Degree when “he or she possesses a skimmer device with the intent that such device be used in furtherance of the commission of the crime of identity theft or unlawful possession of personal identification information.”

Pursuant to Penal Law 190.86, 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, Grand Larceny, Unlawful Possession of Personal Identifying Information or Unlawful Possession of a Skimmer Device.

To better understand what constitutes a skimmer device the criminal law defines such a device as any device “designed or adapted to obtain personal identifying information from a credit card, debit card, public benefit card, access card or device, or other card or device that contains personal identifying information.”

While nobody wants to be the guinea pig to be the first person charged under this new statute, if you find yourself charged with Identity Theft, Grand Larceny, Unlawful Possession of Personal Identifying Information or Unlawful Possession of a Skimmer Device you should retain counsel with real world experience in these matters. Assigned to and as an originating member of the Manhattan District Attorney’s Office’s Identity Theft Unit upon its creation, Jeremy Saland, along with Elizabeth Crotty, has the knowledge and experience to fight these charges. We, at Crotty Saland PC, are ready to work alongside you to protect your rights, liberty and integrity.

Updated: