Unlawful Possession of a Skimmer Device

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.”

Unlawful Possession of a Skimmer Device in the Second Degree is an "A" misdemeanor punishable by one year jail while Unlawful Possession of a Skimmer Device in the First Degree is an "E" felony punishable by up to four years in state prison.

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