PL 190.23 · Article 190
False Personation
This offense concerns knowingly giving a police officer or peace officer a false actual name, date of birth, or address after being informed of the consequences. The person accused must also have intended to prevent the officer from ascertaining that information; an inaccurate answer alone does not establish all requirements.
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PL 190.23 · Original statutory wording; excerpts must be read together with the full section.
§ 190.23 False personation.A person is guilty of false personation when after being informed ofthe consequences of such act, he or she knowingly misrepresents his orher actual name, date of birth or address to a police officer or peaceofficer with intent to prevent such police officer or peace officer fromascertaining such information.False personation is a class B misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns knowingly giving a police officer or peace officer a false actual name, date of birth, or address after being informed of the consequences. The person accused must also have intended to prevent the officer from ascertaining that information; an inaccurate answer alone does not establish all requirements.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every requirement beyond a reasonable doubt.
- Before the misrepresentation, the person accused was informed of the consequences of that act.
- The person accused knowingly misrepresented their actual name, date of birth, or address to a police officer or peace officer. These types of identifying information are alternatives, not cumulative requirements.
- The person accused intended to prevent that officer from ascertaining the information.
Defenses that commonly apply
- What warning about consequences was given, and did it precede the alleged misrepresentation?
- Was the identifying information actually false, and could an error, misunderstanding, or transcription issue explain the discrepancy?
- What evidence shows whether the person accused intended to prevent the officer from learning the information?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500 or up to twice the gain.
Common questions about your defense
Does it matter if no warning preceded the allegedly false identification?
The statute requires the misrepresentation to occur after the person accused has been informed of the consequences of that act. If recordings or other evidence show that no such warning preceded the statement, that could challenge a required element. The prosecutor must also prove knowing falsity and the intent to prevent the officer from ascertaining the information beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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