NYSentencing

§ 190.80-a Aggravated identity theft.
  A person is guilty of aggravated identity theft when he or  she  know-
ingly  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 knows that such person is a member of the armed  forc-
es,  and  knows  that  such  member is presently deployed outside of the
continental United States and:
  1. thereby obtains goods, money, property or services or  uses  credit
in  the  name  of such member of the armed forces in an aggregate amount
that exceeds five hundred dollars; or
  2. thereby causes financial loss to such member of the armed forces in
an aggregate amount that exceeds five hundred dollars.
  Aggravated identity theft is a class D felony.
with Argument