Are there any laws that prohibit identity theft in New York?

Under New York law, an individual commits the most fundamental kind of identity theft when they knowingly and deliberately take on another person’s identity with the intent to defraud that person. The identity theft offender may then access goods, funds, services and the victim’s credit thereby causing economic loss.

The degree of the crime rises on the basis of the value obtained or lost, the kinds of crimes committed with the use of the victim’s identity, or any prior convictions of identity theft. The identity thief may commit a class A misdemeanor or a crime of a higher level. However, Intent to defraud is an element of identity theft that can be challenging to prove.

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