NYSentencing

§ 190.86 Unlawful possession of a skimmer device in the first degree.
  A  person  is guilty of unlawful possession of a skimmer device in the
first degree when he or she commits the crime of unlawful possession  of
a  skimmer device in the second degree and he or she 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 section 190.80, unlawful possession of  personal  identifica-
tion  information  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
identification  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 this section, 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.
  Unlawful possession of a skimmer device in the first degree is a class
E felony.
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