Senate Bill S3740

2013-2014 Legislative Session

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S3740 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §190.60, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5022

2013-S3740 (ACTIVE) - Summary

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.

2013-S3740 (ACTIVE) - Sponsor Memo

2013-S3740 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3740

                       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
  degree

  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.
                                                           LBD08333-01-3

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