Identity theft can easily be described as one of the world’s fastest growing crimes. Identity theft, in New York, simply involves a case where an individual obtains a victim’s personal identifying information and uses that information for his or her benefit. Whether it is copying someone’s signature on a check to steal some money or a sophisticated scam encoding credit cards with stolen account numbers, identity theft comes in all forms and magnitudes.

Whether a skimmer is used to swipe information, an individual has counterfeit, stolen or fraudulently obtained credit cards, or someone is using forged business checks, it is important to understand at what point the crime of Identity Theft has been committed. Identity Theft takes place where an individual assumes the identity of another person, with intent to defraud, commit a criminal act or cause financial loss to another person. To assume another’s identity, an individual must present himself as that other person, act as that other person or use personal identifying information of that person. Of course, the New York State legislature further defined “personal identification information” as, among other things, name, social security number, debit card number and even merely the victim’s mother’s maiden name. Identity Theft can range from an “A” misdemeanor punishable by up to one year jail to a “D” Felony punishable by up to seven years in state prison depending on the value of the property stolen or services obtained or whether the identity theft occurred in the furtherance of committing a felony.

It is important to note that prosecutors often have the ability to elevate the level of identity theft where an individual is committing the crime of Identity Theft along with another felony. For example, if an individual, without permission, signs the name of an accountholder to a check and withdraws only $100, the offense is Identity Theft in the First Degree, a “D” Felony. While the amount is less than $2000 as required by the statute for the First Degree offense, signing another persons name is Forgery in the Second Degree, also a “D” felony. Therefore, the forgery can be joined with the Identity Theft charge and elevate it because of the provision in the statute that addresses whether the identity theft occurred in the furtherance of committing another felony.

Identity Theft is often charged together with other crimes such as Larceny, Forgery, Possession of a Forged Instrument or Criminal Possession of Stolen Property.