Establishes the crimes of unlawful purchase or sale of a social security number in the first and second degrees; prohibits the sale of a person's social security account number; establishes unlawful sale of a social security number in the first degree as a class D felony and unlawful sale of a social security number in the second degree as a class E felony.
STATE OF NEW YORK
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3042
2009-2010 Regular Sessions
IN ASSEMBLY
January 22, 2009
___________
Introduced by M. of A. KOLB, REILICH, FINCH, REILLY, OAKS, O'MARA, ERRI-
GO, BALL -- Multi-Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES,
BARCLAY, BURLING, BUTLER, CALHOUN, CHRISTENSEN, COLTON, CONTE, CROUCH,
DUPREY, FIELDS, GIGLIO, HAWLEY, HAYES, JEFFRIES, P. LOPEZ, MAYERSOHN,
McDONOUGH, McKEVITT, MOLINARO, QUINN, RABBITT, RAIA, SALADINO, SAYWARD
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
unlawful purchase or sale of a social security account number
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 190.87
2 and 190.88 to read as follows:
3 § 190.87 Unlawful purchase or sale of a social security account number
4 in the second degree.
5 A person is guilty of unlawful purchase or sale of a social security
6 account number in the second degree when he or she sells or offers to
7 sell or he or she purchases or offers to purchase another person's
8 social security account number and:
9 1. He or she knows or reasonably should know that such account number
10 is intended to be used to defraud, deceive or injure another; or
11 2. He or she knows or reasonably should know that the use of such
12 account number would constitute a violation of this chapter.
13 Unlawful purchase or sale of a social security account number in the
14 second degree is a class E felony.
15 § 190.88 Unlawful purchase or sale of a social security account number
16 in the first degree.
17 A person is guilty of unlawful purchase or sale of a social security
18 account number in the first degree when:
19 1. He or she commits the crime of unlawful purchase or sale of a
20 social security account number in the second degree; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00679-02-9
A. 3042 2
1 (a) he or she has been previously convicted within the last five years
2 of unlawful purchase or sale of a social security account number in the
3 second degree as defined in section 190.87 of this article; or
4 (b) he or she knowingly sells or offers to sell or purchases or offers
5 to purchase fifty or more persons' social security account numbers; or
6 2. With intent to further the commission of unlawful purchase or sale
7 of a social security account number in the second degree, he or she
8 supervises more than three accomplices.
9 Unlawful purchase or sale of a social security account number in the
10 first degree is a class D felony.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
