143. False identification documents. 1. As used in this section, "false identification document" means any document, including a personal identification card, which is of a type intended or commonly used or accepted for the purpose of identification of individuals and which is not issued by or under the lawful authority of the named or indicated issuer. "False identification document" shall also include a personal identification document intended or commonly used or accepted for the purpose of identification which resembles or is intended to resemble one issued by the named or indicated issuer even though that issuer may be fictitious.
2. No person, firm or corporation shall produce, advertise, offer for sale, sell, distribute or otherwise transfer in this state any false personal identification document unless such document bears the word "NOVELTY" diagonally printed clearly and indelibly on both the front and back of such document in capital letters in not less than twelve point type.
3. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York or by the corporation counsel for any city or by an attorney properly designated by the governing body to represent any other political subdivision, to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the respondent of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than five hundred dollars for each violation. In connection with any such proposed application, the attorney general, corporation counsel or other properly designated attorney, as the case may be, is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Each sale of a false identification document shall constitute a separate and distinct violation.
Last modified: February 3, 2019