In any prosecution for identity theft or unlawful possession of
personal identification information pursuant to this article, it shall
be an affirmative defense that the person charged with the offense:
1. was under twenty-one years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing alcohol;
2. was under eighteen years of age at the time of committing the
offense and the person used or possessed the personal identifying or
identification information of another solely for the purpose of
purchasing tobacco products; or
3. used or possessed the personal identifying or identification
information of another person solely for the purpose of misrepresenting
the person's age to gain access to a place the access to which is
restricted based on age.
Structure New York Laws
Title K - Offenses Involving Fraud
190.00 - Issuing a Bad Check; Definitions of Terms.
190.10 - Issuing a Bad Check; Presumptions.
190.15 - Issuing a Bad Check; Defenses.
190.25 - Criminal Impersonation in the Second Degree.
190.26 - Criminal Impersonation in the First Degree.
190.27 - Criminal Sale of a Police Uniform.
190.30 - Unlawfully Concealing a Will.
190.35 - Misconduct by Corporate Official.
190.40 - Criminal Usury in the Second Degree.
190.42 - Criminal Usury in the First Degree.
190.45 - Possession of Usurious Loan Records.
190.50 - Unlawful Collection Practices.
190.55 - Making a False Statement of Credit Terms.
190.60 - Scheme to Defraud in the Second Degree.
190.65 - Scheme to Defraud in the First Degree.
190.70 - Scheme to Defraud the State by Unlawfully Selling Prescriptions.
190.72 - Unauthorized Radio Transmission.
190.75 - Criminal Use of an Access Device in the Second Degree.
190.76 - Criminal Use of an Access Device in the First Degree.
190.77 - Offenses Involving Theft of Identity; Definitions.
190.78 - Identity Theft in the Third Degree.
190.79 - Identity Theft in the Second Degree.
190.80 - Identity Theft in the First Degree.
190.80-A - Aggravated Identity Theft.
190.81 - Unlawful Possession of Personal Identification Information in the Third Degree.
190.82 - Unlawful Possession of Personal Identification Information in the Second Degree.
190.83 - Unlawful Possession of Personal Identification Information in the First Degree.
190.85 - Unlawful Possession of a Skimmer Device in the Second Degree.
190.86 - Unlawful Possession of a Skimmer Device in the First Degree.
190.87 - Immigrant Assistant Services Fraud in the Second Degree.
190.89 - Immigrant Assistance Services Fraud in the First Degree.