Aggravated Identity Theft

Aggravated Identity Theft (NY PL 190.80-A) is very similar to subsections (1) and (2) of Identity Theft in the Second Degree. Unlike the former, however, Aggravated Identity Theft is a more serious "D" felony as opposed to an "E" felony. Aggravated Identity Theft is punishable by up to seven years in state prison.

If you knowingly and with intent to defraud, assume the identity of another person you know is in the armed forces who is deployed outside the country, then you may be guilty of Aggravated Identity Theft. Furthermore, you must also use that person's personal identifying information (examples include date of birth, debit card number, social security number) and obtain money, property or services or use credit of that person in excess of $500. Alternatively, you must cause financial loss to that person in an aggregate amount exceeding $500.

Further information on Identity Theft crimes, laws and cases in the news can be found on the New York Criminal Lawyer Blog's Identity Theft Section.

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