Section 170.00 Forgery; definitions of terms
1. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
2. "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.
3. "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.
4. "Falsely make." A person "falsely makes" a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.
5. "Falsely complete." A person "falsely completes" a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.
6. "Falsely alter." A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.
7. "Forged instrument" means a written instrument which has been falsely made, completed or altered.
8. "Electronic access device" means a mobile identification number or
electronic serial number that can be used to obtain telephone service.
Section 170.05 Forgery in the third degree
A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.
Forgery in the third degree is a class A misdemeanor.
Section 170.10 Forgery in the second degree
A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or
3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.
Forgery in the second degree is a class D felony.
Section 170.15 Forgery in the first degree
A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or
2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.
Forgery in the first degree is a class C felony.
Section 170.20 Criminal possession of a forged instrument in the third degree
A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.
Criminal possession of a forged instrument in the third degree is a
class A misdemeanor.
Section 170.25 Criminal possession of a forged instrument in the second degree
A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.
Criminal possession of a forged instrument in the second degree is a
class D felony.
Section 170.27 Criminal possession of a forged instrument in the second degree; presumption
A person who possesses two or more forged
instruments, each of which purports to be a credit card or debit card, as
those terms are defined in subdivisions seven and seven-a of section
155.00, is presumed to possess the same with knowledge that they are forged
and with intent to defraud, deceive or injure another.
Section 170.30 Criminal possession of a forged instrument in the first degree
A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.15.
Criminal possession of a forged instrument in the first degree is a
class C felony.
Section 170.35 Criminal possession of a forged instrument; no defense
In any prosecution for criminal possession of a forged
instrument, it is no defense that the defendant forged or participated in
the forgery of the instrument in issue; provided that a person may not be
convicted of both criminal possession of a forged instrument and forgery with
respect to the same instrument.
Section 170.40 Criminal possession of forgery devices
A person is guilty of criminal possession of forgery devices when:
1. He makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments; or
2. With intent to use, or to aid or permit another to use, the same for purposes of forgery, he makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.
Criminal possession of forgery devices is a class D felony.
Section 170.45 Criminal simulation
A person is guilty of criminal simulation when:
1. With intent to defraud, he makes or alters any object in such manner that it appears to have an antiquity, rarity, source or authorship which it does not in fact possess; or
2. With knowledge of its true character and with intent to defraud, he utters or possesses an object so simulated.
Criminal simulation is a class A misdemeanor.
Section 170.47 Criminal possession of an anti-security item
A person is guilty of criminal possession of an anti-security item, when with intent to steal property at a retail mercantile establishment as defined in article twelve-B of the general business law, he knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment.
Criminal possession of an anti-security item is a class B misdemeanor.
Section 170.50 Unlawfully using slugs; definitions of terms
The following definitions are applicable to sections 170.55 and 170.60:
1. "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (a) to receive a coin or bill or a token made for the purpose, and (b) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.
2. "Slug" means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.
3. "Value" of a slug means the value of the coin, bill or token for
which it is capable of being substituted.
Section 170.55 Unlawfully using slugs in the second degree
A person is guilty of unlawfully using slugs in the second degree when:
1. With intent to defraud the owner of a coin machine, he inserts or deposits a slug in such machine; or
2. He makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.
Unlawfully using slugs in the second degree is a class B misdemeanor.
Section 170.60 Unlawfully using slugs in the first degree
A person is guilty of unlawfully using slugs in the first degree when he makes, possesses or disposes of slugs with intent to enable a person to insert or deposit them in a coin machine, and the value of such slugs exceeds one hundred dollars.
Unlawfully using slugs in the first degree is a class E felony.
Section 170.65 Forgery of a vehicle identification number
A person is guilty of forgery of a vehicle identification number when:
(1) He knowingly destroys, covers, defaces, alters or otherwise changes the form or appearance of a vehicle identification number on any vehicle or component part thereof, except tires; or
(2) He removes any such number from a vehicle or component part thereof, except as required by the provisions of the vehicle and traffic law; or
(3) He affixes a vehicle identification number to a vehicle, except in accordance with the provisions of the vehicle and traffic law.
Forgery of a vehicle identification number is a class E felony.
Section 170.70 Illegal possession of a vehicle identification number
A person is guilty of illegal possession of a vehicle identification number when:
(1) He knowingly possesses a vehicle identification number label, sticker or plate which has been removed from the vehicle or vehicle part to which such label, sticker or plate was affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. and regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law; or
(2) He knowingly possesses a vehicle or vehicle part to which is attached a vehicle identification number label, sticker or plate or on which is stamped or embossed a vehicle identification number which has been destroyed, covered, defaced, altered or otherwise changed, or a vehicle or vehicle part from which a vehicle identification number label, sticker or plate has been removed, which label, sticker or plate was affixed in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, except when he has complied with the provisions of the vehicle and traffic law and regulations promulgated thereunder; or
(3) He knowingly possesses a vehicle, or part of a vehicle to which by law or regulation must be attached a vehicle identification number, either (a) with a vehicle identification number label, sticker, or plate which was not affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder, or (b) on which is affixed, stamped or embossed a vehicle identification number which was not affixed, stamped or embossed by the manufacturer, or in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder.
Illegal possession of a vehicle identification number is a class E
felony.
Section 170.71 Illegal possession of a vehicle identification number; presumptions
(1) A person is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision two of section 170.70, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.
(2) A person is presumed to knowingly possess a vehicle or vehicle part
in violation of subdivision three of section 170.70, when he possesses any
combination of five such whole vehicles or individual vehicle parts, none of
which are attached to or contained in the same vehicle.
Section 170.75 Fraudulent making of an electronic access device in the second degree
A person is guilty of fraudulent making of an electronic access device in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters two or more electronic access devices, as that term is defined in subdivision eight of section 170.00 of this article.
Fraudulent making of an electronic access device in the second degree is a class D felony.
Section 175.00 Definitions of terms
The following definitions are applicable to this article:
1. "Enterprise" means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.
2. "Business record" means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
3. "Written instrument" means any instrument or article, including
computer data or a computer program, containing written or printed matter or the
equivalent thereof, used for the purpose of reciting, embodying, conveying or
recording information, or constituting a symbol or evidence of value, right,
privilege or identification, which is capable of being used to the advantage or
disadvantage of some person.
Section 175.05 Falsifying business records in the second degree
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A
misdemeanor.
Section 175.10 Falsifying business records in the first degree
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
Section 175.15 Falsifying business records; defense
In any prosecution for falsifying business
records, it is an affirmative defense that the defendant was a clerk,
bookkeeper or other employee who, without personal benefit, merely executed the
orders of his employer or of a superior officer or employee generally authorized
to direct his activities.
Section 175.20 Tampering with public records in the second degree
A person is guilty of tampering with public records in the second degree when, knowing that he does not have the authority of anyone entitled to grant it, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.
Tampering with public records in the second degree is a class A
misdemeanor.
Section 175.25 Tampering with public records in the first degree
A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.
Tampering with public records in the first degree is a class D felony.
Section 175.30 Offering a false instrument for filing in the second degree
A person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a false instrument for filing in the second degree is a class
A misdemeanor.
Section 175.35 Offering a false instrument for filing in the first degree
A person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become part of the records of such public office, public servant, public authority or public benefit corporation.
Offering a false instrument for filing in the first degree is a class E
felony.
Section 175.40 Issuing a false certificate
A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.
Issuing a false certificate is a class E felony.
Section 175.45 Issuing a false financial statement
A person is guilty of issuing a false financial statement when, with intent to defraud:
1. He knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some material respect; or
2. He represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas he knows it is materially inaccurate in that respect.
Issuing a false financial statement is a class A misdemeanor.
Section 176.00 Insurance fraud; definition of terms
The following definitions are applicable to the article:
1. "Insurance policy" has the meaning assigned to insurance contract by subsection (a) of section one thousand one hundred one of the insurance law except it shall include reinsurance contracts, purported insurance policies and purported reinsurance contracts.
2. "Statement" includes, but is not limited to, any notice, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, x-ray, test result, and other evidence of loss, injury or expense.
3. "Person" includes any individual, firm, association or corporation.
4. "Personal insurance" means a policy of insurance insuring a natural person against any of the following contingencies:
(a) loss of or damage to real property used predominantly for residential purposes and which consists of not more than four dwelling units, other than hotels, motels and rooming houses;
(b) loss of or damage to personal property which is not used in the conduct of a business;
(c) losses or liabilities arising out of the ownership, operation, or use of a motor vehicle, predominantly used for non-business purposes;
(d) other liabilities for loss of, damage to, or injury to persons or property, not arising from the conduct of a business;
(e) death, including death by personal injury, or the continuation of life, or personal injury by accident, or sickness, disease or ailment, excluding insurance providing disability benefits pursuant to article nine of the workers' compensation law.
A policy of insurance which insures any of the contingencies listed in paragraphs (a) through (e) of this subdivision as well as other contingencies shall be personal insurance if that portion of the annual premium attributable to the listed contingencies exceeds that portion attributable to other contingencies.
5. "Commercial insurance" means insurance other than personal
insurance, and shall also include insurance providing disability benefits
pursuant to
article nine
of the workers' compensation law, insurance providing workers' compensation
benefits pursuant to the provisions of the
workers' compensation
law and any program of self insurance providing similar benefits.
Section 176.05 Insurance fraud; defined
1. A fraudulent insurance act is committed by any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, self insurer, or purported insurer, or purported self insurer, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of a commercial insurance policy, or certificate or evidence of self insurance for commercial insurance or commercial self insurance, or a claim for payment or other benefit pursuant to an insurance policy or self insurance program for commercial or personal insurance which he knows to: (i) contain materially false information concerning any fact material thereto; or (ii) conceal, for the purpose of misleading, information concerning any fact material thereto.
2. A fraudulent health care insurance act is committed by any person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented to, or by, an insurer or purported insurer or self-insurer, or any agent thereof, any written statement or other physical evidence as part of, or in support of, an application for the issuance of a health insurance policy, or a policy or contract or other authorization that provides or allows coverage for, membership or enrollment in, or other services of a public or private health care plan, or a claim for payment, services or other benefit pursuant to such policy, contract or plan, which he knows to:
(a) contain materially false information concerning any material fact thereto; or
(b) conceal, for purposes of misleading, information concerning any
fact material thereto. Such policy or contract or plan or authorization
shall include, but not limited to, those issued or operating pursuant to any
public or governmentally-sponsored or supported plan for health care coverage or
services or those otherwise issued or operated by entities authorized pursuant
to the public health law. For purposes of this subdivision an “application
for the issuance of a health insurance policy” shall not include (a) any
application for a health insurance policy or contract approved by the
superintendent of insurance pursuant to the provisions of sections three
thousand two hundred sixteen, four thousand three hundred four, four thousand
three hundred twenty-one or four thousand three hundred twenty-two of the
insurance law or any other application for a health insurance policy or contract
approved by the superintendent of insurance in the individual or direct payment
market; and (b) any application for a certificate evidencing coverage under a
self-insured plan or under a group contract approved by the superintendent of
insurance.
Section 176.10 Insurance fraud in the fifth degree
A person is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act.
Insurance fraud in the fifth degree is a class A misdemeanor.
Section 176.15 Insurance fraud in the fourth degree
A person is guilty of insurance fraud in the fourth degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one thousand dollars.
Insurance fraud in the fourth degree is a class E felony.
Section 176.20 Insurance fraud in the third degree
A person is guilty of insurance fraud in the third degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of three thousand dollars.
Insurance fraud in the third degree is a class D felony.
Section 176.25 Insurance fraud in the second degree
A person is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of fifty thousand dollars.
Insurance fraud in the second degree is a class C felony.
Section 176.30 Insurance fraud in the first degree
A person is guilty of insurance fraud in the first degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one million dollars.
Insurance fraud in the first degree is a class B felony.
Section 176.35 Aggravated insurance fraud
A person is guilty of aggravated insurance fraud in the fourth degree when he commits a fraudulent insurance act, and has been previously convicted within the preceding five years of any offense, an essential element of which is the commission of a fraudulent insurance act.
Aggravated insurance fraud in the fourth degree is a class D felony.
Section 178.00 Criminal diversion of prescription medications and prescriptions; definitions
The following definitions are applicable to this article:
1. "Prescription medication or device" means any article for which a prescription is required in order to be lawfully sold, delivered or distributed by any person authorized by law to engage in the practice of the profession of pharmacy.
2. "Prescription" means a direction or authorization by means of a written prescription form or an oral prescription which permits a person to lawfully obtain a prescription medication or device from any person authorized to dispense such prescription medication or device.
3. "Criminal diversion act" means an act or acts in which a person knowingly:
(a) transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it; or
(b) receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device; or
(c) transfers or delivers a prescription in exchange for anything of pecuniary value; or
(d) receives a prescription in exchange for anything of pecuniary
value.
Section 178.05 Criminal diversion of prescription medications and prescriptions; limitation
1. The provisions of this article shall not apply to:
(a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession; or
(b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy; or
(c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.
2. No provision of this article relating to the sale of a prescription
medication or device shall be deemed to authorize any act prohibited by
article
thirty-three of the public health law or
article two
hundred twenty of this chapter.
Section 178.10 Criminal diversion of prescription medications and prescriptions in the fourth degree
A person is guilty of criminal diversion of prescription medications and prescriptions in the fourth degree when he or she commits a criminal diversion act.
Criminal diversion of prescription medications and prescriptions in the
fourth degree is a class A misdemeanor.
Section 178.15 Criminal diversion of prescription medications and prescriptions in the third degree
A person is guilty of criminal diversion of prescription medications and prescriptions in the third degree when he or she:
1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of one thousand dollars; or
2. commits the crime of criminal diversion of prescription medications and prescriptions in the fourth degree, and has previously been convicted of the crime of criminal diversion of prescription medications and prescriptions in the fourth degree.
Criminal diversion of prescription medications and prescriptions in the
third degree is a class E felony.
Section 178.20 Criminal diversion of prescription medications and prescriptions in the second degree
A person is guilty of criminal diversion of prescription medications and prescriptions in the second degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of three thousand dollars.
Criminal diversion of prescription medications and prescriptions in the
second degree is a class D felony.
Section 178.25 Criminal diversion of prescription medications and prescriptions in the first degree
A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of fifty thousand dollars.
Criminal diversion of prescription medications and prescriptions in the first degree is a class C felony.
Section 180.00 Commercial bribing in the second degree
A person is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.
Commercial bribing in the second degree is a class A misdemeanor.
Section 180.03 Commercial bribing in the first degree
A person is guilty of commercial bribing in the first degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit conferred or offered or agreed to be conferred exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.
Commercial bribing in the first degree is a class E felony.
Section 180.05 Commercial bribe receiving in the second degree
An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.
Commercial bribe receiving in the second degree is a class A
misdemeanor.
Section 180.08 Commercial bribe receiving in the first degree
An employee, agent or fiduciary is guilty of commercial bribe receiving in the first degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit solicited, accepted or agreed to be accepted exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.
Commercial bribe receiving in the first degree is a class E felony.
Section 180.10 Bribery of labor official; definition of term
As used in this article, "labor official" means any duly appointed
representative of a labor organization or any duly appointed trustee or
representative of an employee welfare trust fund.
Section 180.15 Bribing a labor official
A person is guilty of bribing a labor official when, with intent to influence a labor official in respect to any of his acts, decisions or duties as such labor official, he confers, or offers or agrees to confer, any benefit upon him.
Bribing a labor official is a class D felony.
Section 180.20 Bribing a labor official; defense
In any prosecution for bribing a labor official, it is a defense that
the defendant conferred or agreed to confer the benefit involved upon the labor
official as a result of conduct of the latter constituting larceny committed by
means of extortion, or an attempt to commit the same, or coercion, or an attempt
to commit coercion.
Section 180.25 Bribe receiving by a labor official
A labor official is guilty of bribe receiving by a labor official when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions, or duties as such labor official.
Bribe receiving by a labor official is a class D felony.
Section 180.30 Bribe receiving by a labor official; no defense
The crimes of (a) bribe receiving by a labor official, and (b) larceny
committed by means of extortion, attempt to commit the same, coercion or attempt
to commit coercion, are not mutually exclusive, and it is no defense to a
prosecution for bribe receiving by a labor official that, by reason of the same
conduct, the defendant also committed one of such other specified crimes.
Section 180.35 Sports bribery and tampering; definitions of terms
As used in this article:
1. "Sports contest" means any professional or amateur sport or athletic game or contest viewed by the public.
2. "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team.
3. "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.
4. "Pari-mutuel betting" is such betting as is authorized under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940 with amendments.
5. "Pari-mutuel horse race" means any horse race upon which betting is
conducted under the provisions of the pari-mutuel revenue law as set forth in
chapter 254 of the laws of 1940.
A person is guilty of sports bribing when he:
1. Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest; or
2. Confers, or offers or agrees to confer, any benefit upon a sports official with intent to influence him to perform his duties improperly.
Sports bribing is a class D felony.
Section 180.45 Sports bribe receiving
A person is guilty of sports bribe receiving when:
1. Being a sports participant, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest; or
2. Being a sports official, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.
Sports bribe receiving is a class E felony.
Section 180.50 Tampering with a sports contest in the second degree
A person is guilty of tampering with a sports contest when, with intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official or with any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest.
Tampering with a sports contest in the second degree is a class A
misdemeanor.
Section 180.51 Tampering with a sports contest in the first degree
A person is guilty of tampering with a sports contest in the first degree when, with intent to influence the outcome of a pari-mutuel horse race:
1. He affects any equine animal involved in the conduct or operation of a pari-mutuel horse race by administering to the animal in any manner whatsoever any controlled substance listed in section thirty-three hundred six of the public health law; or
2. He knowingly enters or furnishes to another person for entry or brings into this state for entry into a pari-mutuel horse race, or rides or drives in any pari-mutuel horse race any running, trotting or pacing horse, mare, gelding, colt or filly under an assumed name, or deceptively out of its proper class, or that has been painted or disguised or represented to be any other or different horse, mare, gelding, colt or filly from that which it actually is; or
3. He knowingly and falsely registers with the jockey club, United States trotting association, American quarterhorse association or national steeplechase and hunt association a horse, mare, gelding, colt or filly previously registered under a different name; or
4. He agrees with one or more persons to enter such misrepresented or drugged animal in a pari-mutuel horse race. A person shall not be convicted of a violation of this subdivision unless an overt act is alleged and proved to have been committed by one of said persons in furtherance of said agreement.
Tampering with a sports contest in the first degree is a class E
felony.
Section 180.52 Impairing the integrity of a pari-mutuel betting system in the second degree
A person is guilty of impairing the integrity of a pari-mutuel betting system in the second degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person he:
1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the second
degree is a class E felony.
Section 180.53 Impairing the integrity of a pari-mutuel betting system in the first degree
A person is guilty of impairing the integrity of a pari-mutuel betting system in the first degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person, and when the value of the payment exceeds one thousand five hundred dollars he:
1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the first
degree is a class D felony.
Section 180.54 Rent gouging; definition of term
As used in this article, "lawful rental and other lawful charges" means
registered, reported or contracted for rent pursuant to chapter four hundred
three of the laws of nineteen hundred eighty-three,
article two of
the private housing finance law or section eight of the federal housing act
of nineteen hundred sixty-eight, or, rent contained in a court approved
stipulation of settlement, even if such rent or charges are subsequently
decreased by order of the department of housing and community renewal or a court
of competent jurisdiction.
Section 180.55 Rent gouging in the third degree
A person is guilty of rent gouging in the third degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, less than two hundred fifty dollars, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.
Rent gouging in the third degree is a class B misdemeanor.
Section 180.56 Rent gouging in the second degree
A person is guilty of rent gouging in the second degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, of two hundred fifty dollars or more, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.
Rent gouging in the second degree is a class A misdemeanor.
Section 180.57 Rent gouging in the first degree
A person is guilty of rent gouging in the first degree when, in the course of a scheme constituting a systematic ongoing course of conduct in connection with the leasing, rental or use of three or more apartment units, the rental price of which is regulated pursuant to the provisions of federal, state or local law, he solicits, accepts or agrees to accept from one or more persons in three separate transactions some consideration of value, knowing that such consideration is in addition to lawful rental and other lawful charges established pursuant to the provisions of such federal, state or local law, and upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew same, and thereby obtains such consideration from one or more persons.
Rent gouging in the first degree is a class E felony.
Section 185.00 Fraud in insolvency
1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.
2. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he
(a) conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
(b) obtains any substantial part of or interest in the debtor's estate; or
(c) presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement; or
(d) misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator.
Fraud in insolvency in a class A misdemeanor.
Section 185.05 Fraud involving a security interest
A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:
1. Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition; or
2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.
Fraud involving a security interest is a class A misdemeanor.
Section 185.10 Fraudulent disposition of mortgaged property
A person is guilty of fraudulent disposition of mortgaged property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof.
Fraudulent disposition of mortgaged property is a class A misdemeanor.
Section 185.15 Fraudulent disposition of property subject to a conditional sale contract
A person is guilty of fraudulent disposition of property subject to a conditional sale contract when, prior to the performance of the condition of a conditional sale contract and being the buyer or any legal successor in interest of the buyer, he sells, assigns, mortgages, exchanges, secretes, injures, destroys or otherwise disposes of the goods subject to the conditional sale contract under claim of full ownership, with intent thereby to defraud another.
Fraudulent disposition of property subject to a conditional sale contract is a class A misdemeanor.
Section 190.00 Issuing a bad check; definitions of terms
The following definitions are applicable to this article:
1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.
2. "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.
3. "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.
4. "Utter." A person "utters" a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check. One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.
5. "Pass." A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.
6. "Funds" means money or credit.
7. "Insufficient funds." A drawer has "insufficient funds" with a
drawee to cover a check when he has no funds or account whatever, or funds in an
amount less than that of the check; and a check dishonored for "no
account" shall also be deemed to have been dishonored for "insufficient funds."
Section 190.05 Issuing a bad check
A person is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation.
Issuing a bad check is a class B misdemeanor.
Section 190.10 Issuing a bad check; presumptions
1. When the drawer of a check has insufficient funds with the drawee to cover it at the time of utterance, the subscribing drawer or representative drawer, as the case may be, is presumed to know of such insufficiency.
2. A subscribing drawer or representative drawer, as the case may be, on an ultimately dishonored check is presumed to have intended or believed that the check would be dishonored upon presentation when:
(a) The drawer had no account with the drawee at the time of utterance; or
(b) (i) The drawer had insufficient funds with the drawee at the time of utterance, and (ii) the check was presented to the drawee for payment not more than thirty days after the date of utterance, and (iii) the drawer had insufficient funds with the drawee at the time of presentation.
3. Dishonor of a check by the drawee and insufficiency of the drawer's
funds at the time of presentation may properly be proved by introduction in
evidence of a notice of protest of the check, or of a certificate under oath of
an authorized representative of the drawee declaring the dishonor and
insufficiency, and such proof shall constitute presumptive evidence of such
dishonor and insufficiency.
Section 190.15 Issuing a bad check; defenses
In any prosecution for issuing a bad check, it is an affirmative defense that:
1. The defendant or a person acting in his behalf made full satisfaction of the amount of the check within ten days after dishonor by the drawee; or
2. The defendant, in acting as a representative drawer, did so as an
employee who, without personal benefit, merely executed the orders of his
employer or of a superior officer or employee generally authorized to direct his
activities.
Section 190.20 False advertising
A person is guilty of false advertising when, with intent to promote the sale or to increase the consumption of property or services, he makes or causes to be made a false or misleading statement in any advertisement or publishes any advertisement in violation of chapter three of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended, addressed to the public or to a substantial number of persons; except that, in any prosecution under this section, it is an affirmative defense that the allegedly false or misleading statement was not knowingly or recklessly made or caused to be made.
False advertising is a class A misdemeanor.
Section 190.23 False personation
A person is guilty of false personation when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information.
False personation is a class B misdemeanor.
Section 190.25 Criminal impersonation in the second degree
A person is guilty of criminal impersonation in the second degree when he:
1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another; or
2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense.
Criminal impersonation in the second degree is a class A misdemeanor.
Section 190.26 Criminal impersonation in the first degree
A person is guilty of criminal impersonation in the first degree when he:
1. Pretends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer is lawfully distinguished or expresses by his words or actions that he is acting with the approval or authority of any police department; and
2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony.
3. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law.
Criminal impersonation in the first degree is a class E felony.
Section 190.27 Criminal sale of a police uniform
A person is guilty of criminal sale of a police uniform when he or she sells or offers for sale the uniform of any police officer to any person, unless presented with a valid photo identification card showing the purchaser to be a member of the police department which has authorized the requested uniform or an authorization to purchase specified uniforms signed by the police chief or the police commissioner of such police department accompanied by a personal photo identification. For purposes of this section, "police officer" shall include federal law enforcement officers, as defined in section 2.15 of the criminal procedure law; and "uniform" shall include all or any part of the uniform which identifies the wearer as a member of a police department, such as the uniform, shield, badge, numbers or other identifying insignias or emblems.
Criminal sale of a police uniform is a class A misdemeanor.
Section 190.30 Unlawfully concealing a will
A person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.
Unlawfully concealing a will is a class E felony.
Section 190.35 Misconduct by corporate official
A person is guilty of misconduct by corporate official when:
1. Being a director of a stock corporation, he knowingly concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended:
(a) To make a dividend except in the manner provided by law; or
(b) To divide, withdraw or in any manner pay to any stockholder any part of the capital stock of the corporation except in the manner provided by law; or
(c) To discount or receive any note or other evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with intent to provide the means of making such payment; or
(d) To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; or
(e) To apply any portion of the funds of such corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law; or
2. Being a director or officer of a stock corporation:
(a) He issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or
(b) He sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation.
Misconduct by corporate official is a class B misdemeanor.
Section 190.40 Criminal usury in the second degree
A person is guilty of criminal usury in the second degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.
Criminal usury in the second degree is a class E felony.
Section 190.42 Criminal usury in the first degree
A person is guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor's conduct was part of a scheme or business of making or collecting usurious loans.
Criminal usury in the first degree is a class C felony.
Section 190.45 Possession of usurious loan records
A person is guilty of possession of usurious loan records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record criminally usurious transactions prohibited by section 190.40.
Possession of usurious loan records is a class A misdemeanor.
Section 190.50 Unlawful collection practices
A person is guilty of unlawful collection practices when, with intent to enforce a claim or judgment for money or property, he knowingly sends, mails or delivers to another person a notice, document or other instrument which has no judicial or official sanction and which in its format or appearance, simulates a summons, complaint, court order or process, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that such notice, document or instrument has a judicial or official sanction.
Unlawful collection practices is a class B misdemeanor.
Section 190.55 Making a false statement of credit terms
A person is guilty of making a false statement of credit terms when he knowingly and willfully violates the provisions of chapter two of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended, by understating or failing to state the interest rate required to be disclosed, or by failing to make or by making a false or inaccurate or incomplete statement of other credit terms in violation of such act.
Making a false statement of credit terms is a class A misdemeanor.
Section 190.60 Scheme to defraud in the second degree
1. A person is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons.
2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.
Scheme to defraud in the second degree is a class A misdemeanor.
Section 190.65 Scheme to defraud in the first degree
1. A person is guilty of a scheme to defraud in the first degree when
he: (a) engages in a scheme constituting a systematic ongoing course of
conduct with intent to defraud ten or more persons or to obtain property from
ten or more persons by false or fraudulent pretenses, representations or
promises, and so obtains property from one or more of such persons; or (b)
engages in a scheme constituting a systematic ongoing course of conduct with
intent to defraud more than one person or to obtain property from more than one
person by false or fraudulent pretenses, representations or promises, and so
obtains property with a value in excess of one thousand dollars from one or more
such persons.
2. In any prosecution under this section, it shall be
necessary to prove the identity of at least one person from whom the defendant
so obtained property, but it shall not be necessary to prove the identity of any
other intended victim.
Scheme to defraud in the first degree is a class E felony.
Section 190.70 Scheme to defraud the state by unlawfully selling prescriptions
A person is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services.
Scheme to defraud the state by unlawfully selling prescriptions is a
class A misdemeanor.
Section 190.75 Criminal use of an access device in the second degree
A person is guilty of criminal use of an access device in the second degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person. As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.
Criminal use of an access device in the second degree is a class A
misdemeanor.
Section 190.76 Criminal use of an access device in the first degree
A person is guilty of criminal use of an access device in the first degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person, and so obtains such services with a value in excess of one thousand dollars. As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.
Criminal use of an access device in the first degree is a class E
felony.
Section 190.77 Offences involving theft of identity; definitions.
1. For the purpose of sections 190.78, 190.79 and 190.80 of this article "personal identifying information" means a person'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 card number or code, automated teller machine number or code, taxpayer identification number, computer system password, signature or copy of a signature, electronic signature, 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, 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.
2. For the purposes
of sections 190.78,
190.79, 190.80,
190.81, 190.82 and
190.83 of this article:
a. "electronic signature" shall have the same meaning as defined in subdivision
three of section three hundred two of the state technology law.
b. "personal identification number"
means any number or code which may be used alone or in conjunction with any
other information to assume the identity of another person or access financial
resources or credit of another person.
Section 190.78 Identity theft in the third degree.
A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or
2. commits a class A misdemeanor or higher level crime.
Identity theft in the third degree is a
class A misdemeanor.
Section 190.79 Identity theft in the second degree.
A person is guilty of identify [sic] theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or
2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or
3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or
4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35 grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.
Identity
theft in the second degree is a class E felony.
Section 190.80 Identity theft in the first degree.
A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:
1. 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; or
2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or
3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or
4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.
Identity theft in the first degree is a class
D felony.
Section 190.81 Unlawful possession of personal identification information in the third degree.
A person is guilty of unlawful possession of personal identification information in the third degree when he or she knowingly possesses a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance or the commission of a crime defined in this chapter.
Unlawful possession of personal identification information in the
third degree is a class A misdemeanor.
Section 190.82 Unlawful possession of personal identification information in the second degree.
A person is guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance of the commission of a crime defined in this chapter.
Unlawful possession of
personal identification information in the second degree is a class E felony.
Section 190.83 Unlawful possession of personal identification information in the first degree.
A person is guilty of unlawful possession of personal identification information in the first degree when he or she commits the crime of unlawful possession of personal identification information in the second degree and:
1. with intent to further the commission of identity theft in the second degree, he or she supervises more than three accomplices; or
2. he or she has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in this section, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.
Unlawful possession of personal identification information in
the first degree is a class D felony.
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.
Section 195.00 Official misconduct
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.
Section 195.05 Obstructing governmental administration in the second degree
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actors intent that the animal obstruct governmental administration. .
Obstructing governmental administration is a class A misdemeanor.
Section 195.06 Killing or injuring a police animal
A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.
Killing or injuring a police animal is a class A misdemeanor.
Section 195.07 Obstructing governmental administration in the first degree
A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person.
Obstructing governmental administration in the first degree is a class
E felony.
Section 195.08 Obstructing governmental administration by means of a self-defense spray device
A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.
Obstructing governmental administration by means of a self-defense
spray device is a class D felony.
Section 195.10 Refusing to aid a peace or a police officer
A person is guilty of refusing to aid a peace or a police officer when, upon command by a peace or a police officer identifiable or identified to him as such, he unreasonably fails or refuses to aid such peace or a police officer in effecting an arrest, or in preventing the commission by another person of any offense.
Refusing to aid a peace or a police officer is a class B misdemeanor.
Section 195.11 Harming an animal trained to aid a person with a disability in the second degree
A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.
For purposes of this section and section 195.12 of this article, the term "disability" means "disability" as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.
Harming an animal trained to aid a person with a disability in the
second degree is a class B misdemeanor.
Section 195.12 Harming an animal trained to aid a person with a disability in the first degree
A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:
1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
2. intentionally kills such animal while it is in the performance of aiding a person with a disability.
Harming an animal trained to aid a person with a disability in the
first degree is a class A misdemeanor.
Section 195.15 Obstructing firefighting operations
A person is guilty of obstructing firefighting operations when he intentionally and unreasonably obstructs the efforts of any:
1. fireman in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; or
2. fireman, police officer or peace officer in performing his duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases.
Obstructing firefighting operations is a class A misdemeanor.
Section 195.16 Obstructing emergency medical services.
A person is guilty of obstructing emergency medical services when he or she intentionally and unreasonably obstructs the efforts of any service, technician, personnel, system or unit specified in section three thousand one of the public health law in the performance of their duties.
Obstructing emergency medical services is a class A misdemeanor.
Section 195.20 Defrauding the government
A person is guilty of defrauding the government when, being a public servant or party officer, he:
(a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and
(b) so obtains property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality.
Defrauding the government is a class E felony.
Section 200.00 Bribery in the third degree
A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the third degree is a class D felony.
Section 200.03 Bribery in the second degree
A person is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued in excess of ten thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribery in the second degree is a class C felony.
Section 200.04 Bribery in the first degree
A person is guilty of bribery in the first degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony.
Bribery in the first degree is a class B felony.
Section 200.05 Bribery; defense
In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public servant
involved as a result of conduct of the latter constituting larceny committed by
means of extortion, or an attempt to commit the same, or coercion, or an attempt
to commit coercion.
Section 200.10 Bribe receiving in the third degree
A public servant is guilty of bribe receiving in the third degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the third degree is a class D felony.
Section 200.11 Bribe receiving in the second degree
A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
Bribe receiving in the second degree is a class C felony.
Section 200.12 Bribe receiving in the first degree
A public servant is guilty of bribe receiving in the first degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony.
Bribe receiving in the first degree is a class B felony.
Section 200.15 Bribe receiving; no defense
1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes.
2. It is no defense to a prosecution pursuant to the provisions of this
article that the public servant did not have power or authority to perform the
act or omission for which the alleged bribe, gratuity or reward was given.
Section 200.20 Rewarding official misconduct in the second degree
A person is guilty of rewarding official misconduct in the second degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant.
Rewarding official misconduct in the second degree is a class E felony.
.
Section 200.22 Rewarding official misconduct in the first degree
A person is guilty of rewarding official misconduct in the first degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Rewarding official misconduct in the first degree is a class C felony.
Section 200.25 Receiving reward for official misconduct in the second degree
A public servant is guilty of receiving reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant.
Receiving reward for official misconduct in the second degree is a
class E felony.
Section 200.27 Receiving reward for official misconduct in the first degree
A public servant is guilty of receiving reward for official misconduct in the first degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.
Receiving reward for official misconduct in the first degree is a class
C felony.
Section 200.30 Giving unlawful gratuities
A person is guilty of giving unlawful gratuities when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
Giving unlawful gratuities is a class A misdemeanor.
Section 200.35 Receiving unlawful gratuities
A public servant is guilty of receiving unlawful gratuities when he
solicits, accepts or agrees to accept any benefit for having engaged in official
conduct which he was required or authorized to perform, and for which he was not
entitled to any special or additional compensation.
Receiving unlawful
gratuities is a class A misdemeanor.
Section 200.40 Bribe giving and bribe receiving for public office; definition of term
As used in sections 200.45 and 200.50, "party officer" means a person
who holds any position or office in a political party, whether by election,
appointment or otherwise.
Section 200.45 Bribe giving for public office
A person is guilty of bribe giving for public office when he confers, or offers or agrees to confer, any money or other property upon a public servant or a party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe giving for public office is a class D felony.
Section 200.50 Bribe receiving for public office
A public servant or a party officer is guilty of bribe receiving for public office when he solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.
Bribe receiving for public office is a class D felony.
Section 205.00 Escape and other offenses relating to custody; definitions of terms
The following definitions are applicable to this article:
1. "Detention Facility" means any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or convicted of an offense, or (b) charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent, or (c) held for extradition or as a material witness, or (d) otherwise confined pursuant to an order of a court.
2. "Custody" means restraint by a public servant pursuant to an authorized arrest or an order of a court.
3. "Contraband" means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order.
4. "Dangerous contraband" means contraband which is capable of such use
as may endanger the safety or security of a detention facility or any person
therein.
Section 205.05 Escape in the third degree
A person is guilty of escape in the third degree when he escapes from custody.
Escape in the third degree is a class A misdemeanor.
Section 205.10 Escape in the second degree
A person is guilty of escape in the second degree when:
1. He escapes from a detention facility; or
2. Having been arrested for, charged with or convicted of a class C, class D or class E felony, he escapes from custody; or
3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from custody.
Escape in the second degree is a class E felony.
Section 205.15 Escape in the first degree
A person is guilty of escape in the first degree when:
1. Having been charged with or convicted of a felony, he escapes from a detention facility; or
2. Having been arrested for, charged with or convicted of a class A or class B felony, he escapes from custody; or
3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from a detention facility.
Escape in the first degree is a class D felony.
Section 205.16 Absconding from temporary release in the second degree [Expires Sept. 1, 2007]
A person is guilty of absconding from temporary release in the second degree when having been released from confinement in a correctional institution or division for youth facility to participate in a program of work release, he intentionally fails to return to the institution or facility of his confinement at or before the time prescribed for his return.
Absconding from temporary release in the second degree is a class A
misdemeanor.
Section 205.17 Absconding from temporary release in the first degree [Expires Sept. 1, 2007]
A person is guilty of absconding from temporary release in the first degree when having been released from confinement in a correctional institution under the jurisdiction of the state department of correctional services or a facility under the jurisdiction of the state division for youth to participate in a program of temporary release, he intentionally fails to return to the institution or facility of his confinement at or before the time prescribed for his return.
Absconding from temporary release in the first degree is a class E
felony.
Section 205.18 Absconding from a furlough program [Expires Sept. 1, 20057
A person is guilty of absconding from a furlough program when, having been released from confinement in an institution under the jurisdiction of the commissioner of correction in a city having a population of one million or more or of a county which elects to have this article apply thereto to participate in a furlough program, he intentionally fails to return to the institution of his confinement at or before the time prescribed for his return.
Absconding from a furlough program is a class A misdemeanor.
Section 205.19 Absconding from a community treatment facility [Expires Sept. 1, 2007]
A person is guilty of absconding from a community treatment facility when having been released from confinement from a correctional institution under the jurisdiction of the state department of correctional services by transfer to a community treatment facility, he leaves such facility without authorization or he intentionally fails to return to the community treatment facility at or before the time prescribed for his return.
Absconding from a community treatment facility is a class E felony.
Section 205.20 Promoting prison contraband in the second degree
A person is guilty of promoting prison contraband in the second degree
when:
1. He knowingly and unlawfully introduces any contraband into a
detention facility; or
2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any contraband.
Promoting prison contraband in the second degree is a class A
misdemeanor.
Section 205.25 Promoting prison contraband in the first degree
A person is guilty of promoting prison contraband in the first degree when:
1. He knowingly and unlawfully introduces any dangerous contraband into a detention facility; or
2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any dangerous contraband.
Promoting prison contraband in the first degree is a class D felony.
Section 205.30 Resisting arrest
A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.
Resisting arrest is a class A misdemeanor.
Section 205.50 Hindering prosecution; definition of term
As used in sections 205.55, 205.60 and 205.65, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he:
1. Harbors or conceals such person; or
2. Warns such person of impending discovery or apprehension; or
3. Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or
4. Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him; or
5. Suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him; or
6. Aids such person to protect or expeditiously profit from an
advantage derived from such crime.
Section 205.55 Hindering prosecution in the third degree
A person is guilty of hindering prosecution in the third degree when he renders criminal assistance to a person who has committed a felony.
Hindering prosecution in the third degree is a class A misdemeanor.
Section 205.60 Hindering prosecution in the second degree
A person is guilty of hindering prosecution in the second degree when he renders criminal assistance to a person who has committed a class B or class C felony.
Hindering prosecution in the second degree is a class E felony.
Section 205.65 Hindering prosecution in the first degree
A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony.
Hindering prosecution in the first degree is a class D felony.
Section 210.00 Perjury and related offenses; definitions of terms
The following definitions are applicable to this article:
1. "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated.
2. "Swear" means to state under oath.
3. "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer the oath or cause it to be administered.
4. "Oath required by law." An affidavit, deposition or other subscribed written instrument is one for which an "oath is required by law" when, absent an oath or swearing thereto, it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law or before any public or governmental body, agency or public servant to whom it is or might be submitted.
5. "Swear falsely." A person "swears falsely" when he intentionally makes a false statement which he does not believe to be true (a) while giving testimony, or (b) under oath in a subscribed written instrument. A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true.
6. "Attesting officer" means any notary public or other person authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments, and to certify that the subscriber of such an instrument has appeared before him and has sworn to the truth of the contents thereof.
7. "Jurat" means a clause wherein an attesting officer certifies, among
other matters, that the subscriber has appeared before him and sworn to the
truth of the contents thereof.
Section 210.05 Perjury in the third degree
A person is guilty of perjury in the third degree when he swears falsely.
Perjury in the third degree is a class A misdemeanor.
Section 210.10 Perjury in the second degree
A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved.
Perjury in the second degree is a class E felony.
Section 210.15 Perjury in the first degree
A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
Section 210.20 Perjury; pleading and proof where inconsistent statements involved
Where a person has made two statements under oath which are inconsistent to the degree that one of them is necessarily false, where the circumstances are such that each statement, if false, is perjuriously so, and where each statement was made within the jurisdiction of this state and within the period of the statute of limitations for the crime charged, the inability of the people to establish specifically which of the two statements is the false one does not preclude a prosecution for perjury, and such prosecution may be conducted as follows:
1. The indictment or information may set forth the two statements and, without designating either, charge that one of them is false and perjuriously made.
2. The falsity of one