New York Identity Theft Laws: The Four Degrees Under Penal Law 190.78-190.80-a

New York breaks identity theft into four separate crimes, each carrying its own penalty class tied to how much money or property is involved: identity theft in the third degree, second degree, first degree, and a separate aggravated identity theft offense that specifically protects deployed military service members. New York's degree structure is one of the most detailed in the country, and this article confirms the exact classification for each degree directly from the current statutory text.

This article addresses New York's identity theft statute, together with the federal layer of protections that applies nationwide. It does not cover every state's law; see the identity theft laws hub for other states.

New York's Four Degrees of Identity Theft

New York Penal Law defines identity theft across four separate sections, each sharing the same basic definition: a person knowingly and with intent to defraud assumes the identity of another person, by presenting themselves as that person, acting as that person, or using that person's identifying information, and thereby does one of a list of specific triggering things. What separates the degrees is the dollar amount involved and the severity of any related offense.

Third degree identity theft, Penal Law § 190.78, is a class A misdemeanor. It applies when a person assumes another's identity and, as a result, obtains goods, money, property, or services or uses credit in the other person's name, causes financial loss to that person or to another person, or commits a class A misdemeanor or higher level crime. The financial-loss route is its own separate prong, so a victim who lost money does not have to show that the thief obtained anything. Unlike the second and first degree sections, § 190.78 contains no attempt prong.

Second degree identity theft, Penal Law § 190.79, is a class E felony. It applies when the person obtains goods, money, property, services, or credit exceeding $500 in aggregate value, causes financial loss exceeding $500 in aggregate, commits or attempts a felony or acts as an accessory to one, or commits third degree identity theft with a prior conviction for a specified identity-theft or related crime within the preceding 5 years.

First degree identity theft, Penal Law § 190.80, is a class D felony. It applies when the amount obtained or the financial loss caused exceeds $2,000, when the person commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony, or on a repeat offense with qualifying prior convictions. Because first degree identity theft is itself a class D felony, the related crime does not have to be more serious than that: a class D felony is enough to trigger this route.

Aggravated identity theft, Penal Law § 190.80-a, is a distinct offense that applies when the actor knows that the victim is a member of the armed forces and knows that the member is presently deployed outside the continental United States, and obtains goods, money, property, services, or credit, or causes financial loss to that member, exceeding $500. Both knowledge elements are part of the offense, so the victim's status alone does not trigger it. This offense is also classified as a class D felony, the same classification as first degree identity theft. That is not a typographical inconsistency; it is what the current text of both sections provides, confirmed independently from each section's live statutory language. In practical terms, New York treats identity theft against a deployed service member as serious enough to carry a first-degree-level felony class even though the dollar threshold that triggers it, $500, is far lower than the $2,000 threshold that applies to first degree identity theft generally.

Credit Freezes and Other Protections in New York

New York layers its own security freeze law on top of the federal rules. Under General Business Law § 380-t, a consumer credit reporting agency must place a security freeze on a New York consumer's file at that consumer's request, and the section prohibits charging a fee for placing, removing, or temporarily lifting a freeze. General Business Law § 380-u adds a separate security record freeze for protected minors, which a protected consumer's representative, typically a parent or guardian, may request on the minor's behalf; an agency may charge up to $15 for a placement or removal there, but that fee is waived where the representative supplies documentation of identity theft or fraud against the minor or where the agency already maintains a file on the minor. This article did not independently confirm a specific New York Attorney General identity-theft resource page or a New York-specific victim-rights or restitution framework for identity theft at the time of publication.

Under 15 U.S.C. § 1681c-1, every consumer, including New York residents, is entitled to a free security freeze and free fraud alerts from each of the three nationwide credit reporting agencies. A freeze physically blocks a lender from accessing your credit file, which stops new-account fraud even if a thief already has your Social Security number, date of birth, or address. The same statute provides a 1-year initial fraud alert and, with a copy of an FTC Identity Theft Report, a 7-year extended fraud alert requiring a potential creditor to actually contact you before extending credit, and it includes a federal Protected Consumer Freeze provision that lets a parent, guardian, or person with valid power of attorney freeze a minor's credit file. Under 15 U.S.C. § 1681c-2, a victim with an FTC Identity Theft Report can get fraudulent information blocked from their credit report within 4 business days of the credit reporting agency receiving the required documentation. New York's own general criminal restitution framework, Penal Law § 60.27, is presumed to apply to identity theft convictions as a matter of general criminal procedure, but this article did not independently confirm that provision's specific application to identity theft at publication.

What To Do If You're a Victim of Identity Theft in New York

Start at IdentityTheft.gov to create an FTC Identity Theft Report and a personalized recovery plan, which pre-fills the letters and forms you need to send to credit bureaus, businesses, and debt collectors. Place a security freeze and, if needed, a fraud alert with each of the three credit bureaus, which is free under both federal law and New York's General Business Law § 380-t. File a report with your local New York police department, particularly if you have information about a specific suspect or a business requires a police report before it will investigate, and contact the New York Attorney General's consumer protection resources for further state-level guidance, since this article was not able to independently verify the office's current identity-theft page at publication. Our guide to New York scam and fraud laws covers the Attorney General's consumer complaint process in more detail, which is the place to start if your information was taken in a scam.

Information last verified on 2026-09-02, drawn from the live text of New York Penal Law §§ 190.78, 190.79, 190.80, and 190.80-a and General Business Law §§ 380-t and 380-u on the New York State Senate's official statute site, and federal law under 15 U.S.C. §§ 1681c-1 and 1681c-2. This article has not yet been reviewed by a licensed lawyer. New York's specific victim-rights and restitution framework for identity theft, and its current Attorney General identity-theft resource page, were not independently confirmed at publication.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft
• Tax Identity Theft: When to File IRS Form 14039

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Last updated: 2026-09-02.

Frequently Asked Questions

What are the different degrees of identity theft in New York?

New York has four: third degree (Penal Law § 190.78, a class A misdemeanor), second degree (§ 190.79, a class E felony), first degree (§ 190.80, a class D felony), and aggravated identity theft (§ 190.80-a, also a class D felony, which applies where the actor knows the victim is a member of the armed forces deployed outside the continental United States).

What dollar amount makes identity theft a felony in New York?

Identity theft becomes second degree, a class E felony, once the amount obtained or financial loss caused exceeds $500 in aggregate. It becomes first degree, a class D felony, once that figure exceeds $2,000.

Is identity theft against a military service member treated differently in New York?

Yes. Aggravated identity theft under Penal Law § 190.80-a applies when the actor knows that the victim is a member of the armed forces and knows that the member is presently deployed outside the continental United States, and more than $500 is obtained or lost. Both knowledge elements are part of the offense. It carries the same class D felony classification as first degree identity theft, even though its dollar threshold is lower.

Does New York have a free credit freeze for identity theft victims?

Yes, under both federal and state law. Federal law, 15 U.S.C. § 1681c-1, entitles every New York resident to a free security freeze and free fraud alerts from each of the three nationwide credit reporting agencies. New York's own General Business Law § 380-t separately requires a credit reporting agency to place a freeze on request and bars any fee for placing, removing, or temporarily lifting it, and § 380-u lets a parent or guardian place a security record freeze on a protected minor's record.

How do I report identity theft in New York?

Start at IdentityTheft.gov to file a federal report and get a personalized recovery plan. You should also file a police report with your local New York law enforcement agency and contact New York's consumer protection resources for state-level guidance.