CJI2d[NY] Penal Law § 190.80(1)

The (specify) count is Identity Theft in the First Degree.

Under our law, a person is guilty of Identity Theft in the First Degree when such person knowingly, and with intent to defraud, assumes the identity of another person ²

Select appropriate alternative(s):

by presenting themself as that person [or]

by acting as that person [or]

by using personal identifying information of that person,

and thereby obtains goods, money, property or services or uses credit in the name of such other person

in an aggregate amount that exceeds two thousand dollars.

The following terms used in that definition have a special meaning:

A person KNOWINGLY assumes the identity of another person when that person is aware that he or she has assumed the identity of that other person.³

INTENT means conscious objective or purpose. Thus, a person acts with intent to defraud when his or her conscious objective or purpose is to do so.⁴

Add following definition(s) as appropriate:

PERSONAL IDENTIFYING INFORMATION means a person’s:

[Select the appropriate alternative(s)

name,

address,

telephone number,

date of birth,

driver’s license number,

social security number,

place of employment,

mother’s maiden name,

financial services account number or code,

savings account number or code,

checking account number or code,

brokerage account number or code,

credit card account number or code,

debit account number or code,

automated teller machine number or code,

taxpayer identification number,

computer system password,

signature or copy of a signature,

electronic signature ⁵,

unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person,

telephone calling card number,

mobile identification number or code,

electronic serial number or personal identification number, ⁶

medical information, ⁷

health insurance information, ⁸

or any other name, number, code or information that may be used alone or in conjunction with other such information to assume the identity of another person. ⁹]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following four elements:

1. That on or about (date), in the County of (county), the defendant (defendant’s name) assumed the identity of (specify)

Select appropriate alternative(s):

by presenting himself/herself as that person [or]

by acting as that person [or]

by using personal identifying information of that person;

2. That the defendant did so knowingly and with intent to defraud; and

3. That the defendant thereby obtained goods, money, medical information, health insurance information, property or services [or used credit in the name of that person]; and,

4. That the goods, money, property, or services obtained [or the credit used], were in an aggregate amount that exceeded two thousand dollars.

[NOTE: If an affirmative defense does not apply, then conclude with the following two paragraphs. If the affirmative defense does apply, then omit the following two paragraphs, and insert here the affirmative defense charge in the Additional Charges section to this article.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.