§ 190.79 Identity theft in the second degree.
  A person is guilty of identify theft in the second degree when  he  or
she knowingly and with intent to defraud assumes the identity of another
person  by  presenting  himself  or  herself as that other person, or by
acting as that other person or by using personal identifying information
of that other person, and thereby:
  1. obtains goods, money, property or services or uses  credit  in  the
name  of  such  other  person  in  an aggregate amount that exceeds five
hundred dollars; or
  2. causes financial loss to  such  person  or  to  another  person  or
persons in an aggregate amount that exceeds five hundred dollars; or
  3.  commits  or attempts to commit a felony or acts as an accessory to
the commission of a felony; or
  4. commits the crime of identity theft in the third degree as  defined
in  section  190.78  of  this  article and has been previously convicted
within the last five years of identity theft  in  the  third  degree  as
defined  in  section  190.78,  identity  theft  in  the second degree as
defined in this section, identity theft in the first degree  as  defined
in section 190.80, unlawful possession of personal identification infor-
mation  in  the  third  degree  as  defined  in section 190.81, unlawful
possession of personal identification information in the  second  degree
as  defined in section 190.82, unlawful possession of personal identifi-
cation information in the first degree as  defined  in  section  190.83,
unlawful  possession of a skimmer device in the second degree as defined
in section 190.85, unlawful possession of a skimmer device in the  first
degree  as defined in section 190.86, grand larceny in the fourth degree
as defined in section 155.30, grand  larceny  in  the  third  degree  as
defined in section 155.35, grand larceny in the second degree as defined
in  section  155.40  or  grand larceny in the first degree as defined in
section 155.42 of this chapter.
  Identity theft in the second degree is a class E felony.