S T A T E O F N E W Y O R K
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2676
2009-2010 Regular Sessions
I N S E N A T E
February 26, 2009
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Introduced by Sen. MORAHAN -- 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 fraudulent accosting of a
person seventy-five years of age or older
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 165.31 to
read as follows:
S 165.31 FRAUDULENT ACCOSTING OF A PERSON SEVENTY-FIVE YEARS OF AGE OR
OLDER.
1. A PERSON IS GUILTY OF FRAUDULENT ACCOSTING OF A PERSON SEVENTY-FIVE
YEARS OF AGE OR OLDER WHEN HE OR SHE ACCOSTS A PERSON AGED SEVENTY-FIVE
YEARS OR OLDER 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 A PERSON AGED
SEVENTY-FIVE YEARS OR OLDER 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 OF A PERSON SEVENTY-FIVE YEARS OF AGE OR OLDER IS
A CLASS E FELONY.
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.
LBD08571-01-9