S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1086
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to theft of property  from  a
   senior citizen and creating the class E felony of fraudulent accosting
   in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 155.30 of the penal law is amended by adding a  new
 subdivision 12 to read as follows:
   12. THE VALUE OF THE PROPERTY EXCEEDS TWO HUNDRED FIFTY DOLLARS AND IS
 TAKEN FROM A PERSON WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER.
   § 2. Section 165.30 of the penal law, as amended by chapter 772 of the
 laws of 1971, is amended to read as follows:
 § 165.30 Fraudulent accosting IN THE SECOND DEGREE.
   1.  A  person  is  guilty of fraudulent accosting IN THE SECOND DEGREE
 when he OR SHE accosts a person in a public place with intent to defraud
 him OR HER of money or other property by means of a  trick,  swindle  or
 confidence game.
   2.  A  person  who,  either at the time he OR SHE accosts another in a
 public place or at some subsequent time or at some  other  place,  makes
 statements  to  him  OR HER or engages in conduct with respect to him OR
 HER of a kind commonly made or performed in the perpetration of a  known
 type of confidence game, is presumed to intend to defraud such person of
 money or other property.
   Fraudulent accosting IN THE SECOND DEGREE is a class A misdemeanor.
   §  3.  The penal law is amended by adding a new section 165.32 to read
 as follows:
 § 165.32  FRAUDULENT ACCOSTING IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF FRAUDULENT ACCOSTING IN THE FIRST DEGREE WHEN
 HE OR SHE ACCOSTS A PERSON, WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER,  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00457-01-3
 A. 1086                             2
              

 
 A PUBLIC PLACE WITH INTENT TO DEFRAUD HIM OR HER OF MONEY OR OTHER PROP-
 ERTY BY MEANS OF A TRICK, SWINDLE OR CONFIDENCE GAME.
   2.  A  PERSON  WHO,  EITHER AT THE TIME HE OR SHE ACCOSTS ANOTHER IN A
 PUBLIC PLACE OR AT SOME SUBSEQUENT TIME OR AT SOME  OTHER  PLACE,  MAKES
 STATEMENTS  TO  HIM  OR HER OR ENGAGES IN CONDUCT WITH RESPECT TO HIM OR
 HER OF A KIND COMMONLY MADE OR PERFORMED IN THE PERPETRATION OF A  KNOWN
 TYPE OF CONFIDENCE GAME, IS PRESUMED TO INTEND TO DEFRAUD SUCH PERSON OF
 MONEY OR OTHER PROPERTY.
   FRAUDULENT ACCOSTING IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.