S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
February 13, 2013
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to including falsely solicit-
ing for property within the crime of scheme to defraud in the second
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 190.60 of the penal law, as amended by chapter 491
of the laws of 1992 and subdivision 1 as amended by chapter 357 of the
laws of 1996, is amended to read as follows:
S 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 OR SHE: (A) 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; OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY
OTHER PROPERTY FROM A PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP
OR CONNECTION WITH AN ORGANIZATION, GOVERNMENTAL ENTITY OR AGENCY,
WHETHER OR NOT HE OR SHE OBTAINS PROPERTY FROM SUCH PERSON.
2. In any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE OF 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.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.