2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 190 - (190.00 - 190.86) OTHER FRAUDS
190.84 - Defenses.

 
  § 190.84 Defenses.
    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.