NYSentencing

§ 190.80 Identity theft in the first degree.
  A person is guilty of identity theft in the first 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 two thou-
sand dollars; or
  2.  causes  financial  loss  to  such  person  or to another person or
persons in an aggregate amount that exceeds two thousand dollars; or
  3. 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
  4. commits the crime of identity theft in the second degree as defined
in  section  190.79  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 section 190.79, identity theft in the first degree as defined
in this section, unlawful possession of personal identification informa-
tion 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 first degree is a class D felony.
with Argument