New York statute
N.Y. Penal Law § 190.85 — Unlawful possession of a skimmer device in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 190: Other Frauds, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 190.85
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
190.85 Unlawful possession of a skimmer device in the second degree.
1. A person is guilty of unlawful possession of a skimmer device in
the second degree when he or she possesses a skimmer device with the
intent that such device be used in furtherance of the commission of the
crime of identity theft or unlawful possession of personal
identification information as defined in this article.
2. For purposes of this article, "skimmer device" means a device
designed or adapted to obtain personal identifying information from a
credit card, debit card, public benefit card, access card or device, or
other card or device that contains personal identifying information.
Unlawful possession of a skimmer device in the second degree is a
class A misdemeanor.
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