senate Bill S7563

2013-2014 Legislative Session

Establishes and redefines offenses involving fraud, scheme to defraud and larceny

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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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May 15, 2014 referred to codes

S7563 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld ยงยง190.60 & 190.65, amd Pen L, generally

S7563 - Bill Texts

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Establishes and redefines offenses involving fraud, scheme to de-fraud and larceny.

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BILL NUMBER:S7563

TITLE OF BILL: An act to amend the penal law, in relation to
establishing and redefining offenses involving fraud, scheme to
defraud and larceny; and to repeal sections 190.60 and 190.65 of such
law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: This legislation adds provisions to
the penal law relating to the theft of service and of personal
identifying information. It also establishes the crime of scheme to
defraud in the fifth, fourth, third, second, and first degrees and
establishes the crime of petit theft of service.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 155.00 of the penal law to amend several
definitions under the crime of larceny. It adds personal identifying
information and secret scientific material to the definition of
"property" and adds provisions relating to personal identifying
information to the definitions of "obtain", "deprive", and
"appropriate". It also amends the definition of "owner" by clarifying
that a person may own a service or possess the right to provide a
service. It also establishes a definition of "personal identifying
information" and amends the definition of "service", "computer
program", and "computer data".

Section 2 amends paragraph (c) of subdivision 2 of section 155.05 of
the penal law to add provisions regarding obtaining property or
service through fraudulent means and regarding theft of service.

Section 3 amends subdivisions 1 and 2 of section 155.20 of the penal
law to clarify the determination of value with regard to property, to
service, and to computer data and computer programs.

Section 4 adds a new section 155.23 to the penal law which establishes
the crime of petit theft of service, and provides that it shall be a
class B misdemeanor.

Section 5 amends section 155.25 of the penal law to add theft of
service exceeding five hundred dollars to the crime of petit larceny.

Section 6 amends section 155.30 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the fourth degree.

Section 7 amends section 155.35 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the third degree.

Section 8 amends section 155.40 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the second degree.

Section 9 amends section 155.42 of the penal law to add language
relating to theft of service and to personal identifying information
to the definition of grand larceny in the first degree.


Section 10 repeals sections 190.60 and 190.65 of the penal law.

Section 11 adds six new sections 190.60, 190.61, 190.62, 190.63,
190.64, and 190.65 to the penal law. Section 190.60 defines the crime
of scheme to defraud. Section 190.61 establishes the crime of scheme
to defraud in the fifth degree and provides that it shall be a class A
misdemeanor. Section 190.62 establishes the crime of scheme to defraud
in the fourth degree and provides that it shall be a class E felony.
Section 190.63 establishes the crime of scheme to defraud in the third
degree and provides that it shall be a class D felony. Section 190.64
establishes the crime of scheme to defraud in the second degree and
provides that it shall be a class C felony. Section 190.65 establishes
the crime of scheme to defraud in the first degree and provides that
it shall be a class B felony.

Section 12 provides that this act shall take effect on the first of
November next succeeding the date upon which this act shall have
become a law.

JUSTIFICATION: This legislation is necessary to address those who are
engaged in widespread efforts to defraud the public and provide
appropriate penalties for large-scale fraudulent activity. Charging a
person who is engaged in a scheme to defraud many people out of
relatively small amounts of money would currently lead to multiple
counts of petit larceny, which is a class A misdemeanor, and would not
reflect the severity of a scheme to defraud a significant number of
people out of their income. This legislation would provide more severe
penalties to reflect the harm caused by a scheme to defraud.

This legislation also repeals convoluted statute relating to theft of
service and includes theft of service within the existing crime of
larceny. This provides an important protection against theft of a
service which rightfully belongs to another person, such as theft of
government benefits or theft of cable or utilities. This legislation
would allow higher penalties for theft of extremely valuable services
and bring our laws up to date with the modern era.

Another area in which our laws lag behind is the protection of
personal identifying information. In an age when private information
is increasingly stored online and goods and services are often
purchased online with credit cards, it is more important than ever to
ensure that theft of personal identifying information is prosecuted
appropriately. This legislation allows the theft of personal
identifying information, computer data, or a computer program to be
included under the crime of larceny when the theft of that information
or property causes significant loss of economic benefit to the owner
of that information or property.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date upon which this act shall have become a law.


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

                                  7563

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 establishing and  redefin-
  ing  offenses  involving  fraud, scheme to defraud and larceny; and to
  repeal sections 190.60 and 190.65 of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  155.00 of the penal law, subdivisions 1 and 8 as
amended by chapter 514 of the laws of 1986, subdivision 6  as  added  by
chapter  791  of the laws of 1967, subdivision 7 as added by chapter 115
of the laws of 1969, subdivision 7-a as added by chapter 556 of the laws
of 1987, subdivision 7-b as added by chapter 81 of  the  laws  of  1995,
subdivision  7-c  as  amended  by  chapter  171 of the laws of 1993, and
subdivision 9 as added by chapter 530 of the laws of 1975, is amended to
read as follows:
S 155.00 Larceny; definitions of terms.
  The following definitions are applicable to this title:
  1. "Property" means  any  money,  personal  property,  real  property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt  or
contract,  or  any  article,  substance or thing of value, including any
gas, steam, water or electricity, which is  provided  for  a  charge  or
compensation.
  2.  "Obtain"  includes, but is not limited to, the bringing about of a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM, OBTAIN  INCLUDES
DUPLICATING,  RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
THE INFORMATION, DATA,  OR  PROGRAM,  OR  OBTAINING  A  PHYSICAL  OBJECT
CONTAINING  SUCH INFORMATION.   WITH REGARD TO SERVICE, OBTAIN INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3. "Deprive." To "deprive" another of property means (a)  to  withhold
it  or  cause  it  to  be withheld from him OR HER permanently or for so
extended a period or under such circumstances that the major portion  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15182-01-4

S. 7563                             2

its  economic  value or benefit is lost to him OR HER, or (b) to dispose
of the property in such manner or under such circumstances as to  render
it unlikely that an owner will recover such property.  WHEN THE PROPERTY
IS  PERSONAL  IDENTIFYING  INFORMATION,  COMPUTER  DATA  OR  A  COMPUTER
PROGRAM, TO DEPRIVE ANOTHER OF IT MEANS TO OBTAIN IT OR  CAUSE  A  THIRD
PERSON  TO OBTAIN IT UNDER SUCH CIRCUMSTANCES THAT A SUBSTANTIAL PORTION
OF THE ECONOMIC BENEFIT OR VALUE OF HAVING CONTROL OVER IT OR  AUTHORITY
OVER  ITS  USE  IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO
USE OR ACCESS A SERVICE OR CAUSE A THIRD  PERSON  TO  USE  OR  ACCESS  A
SERVICE  UNDER  SUCH  CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR
VALUE OF HAVING CONTROL OR AUTHORITY OVER PROVIDING THE SERVICE IS  LOST
TO AN OWNER.
  4. "Appropriate." To "appropriate" property of another to oneself or a
third  person  means  (a) to exercise control over it, or to aid a third
person to exercise control over it, permanently or  for  so  extended  a
period  or  under  such circumstances as to acquire the major portion of
its economic value or benefit, or (b) to dispose of the property for the
benefit of oneself or a third person.   WHEN THE  PROPERTY  IS  PERSONAL
IDENTIFYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM OF ANOTHER,
TO  APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT UNDER
SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF  IT
TO  THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC
DETRIMENT OR DAMAGE OF AN OWNER. TO APPROPRIATE A  SERVICE  PROVIDED  BY
ANOTHER  TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE SERVICE
UNDER SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY  TO  USE  IT  TO  THE
ECONOMIC  BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC DETRI-
MENT OR DAMAGE OF AN OWNER.
  5. "Owner." When property OR SERVICE is taken, obtained or withheld by
one person from another person, an "owner" thereof means any person  who
has  a  right  to  possession  [thereof]  OF  THE PROPERTY OR A RIGHT TO
PROVIDE THE SERVICE superior to that of the taker, obtainer or withhold-
er.
  A person who has obtained possession of property OR SERVICE  by  theft
or  other illegal means shall be deemed to have a right of possession OF
THE PROPERTY OR A RIGHT TO PROVIDE THE SERVICE superior  to  that  of  a
person  who  takes, obtains or withholds it from him OR HER by larcenous
means.
  A joint or common owner of property shall not  be  deemed  to  have  a
right  of  possession  thereto  superior  to  that of any other joint or
common owner thereof.
  In the absence of a specific agreement to the contrary,  a  person  in
lawful  possession  of  property  shall  be  deemed  to  have a right of
possession superior to that of a person having only a security  interest
therein, even if legal title lies with the holder of the security inter-
est pursuant to a conditional sale contract or other security agreement.
  6.  "Secret scientific material" means a sample, culture, micro-organ-
ism, specimen, record, recording, document, drawing or any  other  arti-
cle,  material,  device  or  substance  which  constitutes,  represents,
evidences, reflects, or  records  a  scientific  or  technical  process,
invention or formula or any part or phase thereof, and which is not, and
is  not  intended  to  be,  available to anyone other than the person or
persons rightfully in possession  thereof  or  selected  persons  having
access  thereto  with  his, HER or their consent, and when it accords or
may accord such rightful possessors an  advantage  over  competitors  or
other persons who do not have knowledge or the benefit thereof.

S. 7563                             3

  7.  ["Credit card" means any instrument or article defined as a credit
card in section five hundred eleven of the general business law.
  7-a.  "Debit  card" means any instrument or article defined as a debit
card in section five hundred eleven of the general business law.
  7-b. "Public benefit card" means any  medical  assistance  card,  food
stamp  assistance card, public assistance card, or any other identifica-
tion, authorization card or electronic access device issued by the state
or a social services district as defined in subdivision seven of section
two of the social services law, which entitles a person to obtain public
assistance benefits under a local, state or federal program administered
by the state, its political subdivisions or social services districts.
  7-c. "Access device" means any telephone calling card  number,  credit
card  number,  account  number, mobile identification number, electronic
serial number or personal identification number  that  can  be  used  to
obtain  telephone  service.]  "PERSONAL IDENTIFYING INFORMATION" MEANS A
PERSON'S DATE OF BIRTH, DRIVER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER,
PERSONAL IDENTIFICATION NUMBER, 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, TELEPHONE CALL-
ING 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 OR ACCESS
FINANCIAL RESOURCES OR CREDIT OF ANOTHER PERSON, OR ANY PHYSICAL  OBJECT
CONTAINING SUCH INFORMATION, SUCH AS A PRINTOUT OR OTHER WRITTEN MATERI-
AL,  DRIVER'S  LICENSE  OR OTHER IDENTITY CARD, CREDIT CARD, DEBIT CARD,
PUBLIC BENEFIT CARD, AUTOMATED TELLER OR OTHER  TRANSACTIONAL  CARD,  OR
COMPUTER, HARD DRIVE, OR OTHER DATA STORAGE DEVICE. IN THIS SUBDIVISION,
"PERSON"  HAS ALL THE MEANINGS SET FORTH IN SUBDIVISION SEVEN OF SECTION
10.00 OF THIS CHAPTER; "ELECTRONIC SIGNATURE" HAS THE  MEANING  PROVIDED
IN SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLO-
GY  LAW;  "CREDIT  CARD"  AND "DEBIT CARD" HAVE THE MEANINGS PROVIDED IN
SECTION FIVE HUNDRED ELEVEN OF THE GENERAL BUSINESS LAW; "PUBLIC BENEFIT
CARD" MEANS ANY MEDICAL ASSISTANCE CARD,  FOOD  STAMP  ASSISTANCE  CARD,
PUBLIC  ASSISTANCE CARD, OR ANY OTHER IDENTIFICATION, AUTHORIZATION CARD
OR ELECTRONIC ACCESS DEVICE ISSUED BY THE STATE  OR  A  SOCIAL  SERVICES
DISTRICT  AS  DEFINED  IN SUBDIVISION SEVEN OF SECTION TWO OF THE SOCIAL
SERVICES LAW WHICH ENTITLES A PERSON TO OBTAIN PUBLIC  ASSISTANCE  BENE-
FITS  UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE STATE,
ITS POLITICAL SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS.
  8. "Service" includes, but is not  limited  to,  [labor,  professional
service,] a computer service, transportation service, TELECOMMUNICATIONS
SERVICE,  CABLE  OR SATELLITE TELEVISION SERVICE, MICROWAVE TRANSMISSION
SERVICE, THE SUPPLYING OF SERVICE PURSUANT TO A PUBLIC  OR  GOVERNMENTAL
BENEFIT  PROGRAM,  INCLUDING  HOUSING AND MEDICAL CARE, THE SUPPLYING OF
SERVICE PURSUANT TO AN INSURANCE POLICY OR  PROGRAM,  the  supplying  of
hotel  accommodations, restaurant services, entertainment, the supplying
of equipment for use, and the supplying of commodities of a public util-
ity nature such as gas, electricity, steam and water. A ticket or equiv-
alent instrument which evidences a right to receive a service is not  in
itself  service  but constitutes property within the meaning of subdivi-
sion one.

S. 7563                             4

  9. ["Cable television service" means any and all services provided  by
or  through  the  facilities  of  any  cable television system or closed
circuit coaxial cable communications system, or any microwave or similar
transmission service used in connection with any cable television system
or  other  similar  closed circuit coaxial cable communications system.]
"COMPUTER PROGRAM" MEANS AN  ORDERED  SET  OF  DATA  REPRESENTING  CODED
INSTRUCTIONS  OR  STATEMENTS  THAT, WHEN EXECUTED BY COMPUTER, CAUSE THE
COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE  OR  MORE
COMPUTER  OPERATIONS  OR BOTH AND MAY BE IN ANY FORM, INCLUDING MAGNETIC
STORAGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF  THE
COMPUTER.
  10.  "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION, KNOWLEDGE,
FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR HAVE  BEEN
PROCESSED IN A COMPUTER AND MAY BE IN ANY FORM, INCLUDING MAGNETIC STOR-
AGE  MEDIA,  PUNCHED  CARDS,  OR  STORED INTERNALLY IN THE MEMORY OF THE
COMPUTER.
  S 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law
is amended and a new paragraph (f) is added to read as follows:
  (c) By committing the crime of issuing a  bad  check,  as  defined  in
section 190.05, OR BY OBTAINING PROPERTY OR SERVICE BY USING OR PRESENT-
ING  A  FORM  OF  PAYMENT  OR PERSONAL IDENTIFYING INFORMATION THE ACTOR
KNOWS HE OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED  OR  FORGED
OR OTHERWISE NOT VALID;
  (F)  BY  THEFT  OF SERVICE. THEFT OF SERVICE MANS EITHER: (I) USING OR
ACCESSING A SERVICE IN A MANNER  THAT  OTHERWISE  REQUIRES  PAYMENT  AND
INTENTIONALLY  FAILING TO PAY FOR SUCH USE OR ACCESS BY EITHER TAMPERING
WITHOUT AUTHORITY WITH A DELIVERY, PAYMENT,  OR  MEASUREMENT  DEVICE  OR
MECHANISM,  OR  BY  ENTERING  OR  LEAVING  PREMISES WHERE THE SERVICE IS
PROVIDED BY STEALTH OR BY EVADING A PHYSICAL BARRIER, OR (II)  USING  OR
ACCESSING  A  SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT OR THE
PRESENTATION OF PERSONAL IDENTIFYING INFORMATION AND USING OR PRESENTING
A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR KNOWS HE
OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED OR  OTHER-
WISE NOT VALID.
  S  3.  Subdivisions  1 and 2 of section 155.20 of the penal law, para-
graph (b) of subdivision 2 as added and paragraph (c) of  subdivision  2
as relettered by chapter 115 of the laws of 1969, are amended to read as
follows:
  1.  Except  as  otherwise  specified  in this section, value means the
market value of the property at the time and place of the crime,  or  if
such cannot be satisfactorily ascertained:  (I) WITH REGARD TO PROPERTY,
the  cost  of replacement of the property within a reasonable time after
the crime; OR (II) WITH REGARD TO SERVICE, THE  COST  OF  PROVIDING  THE
SERVICE AT THE TIME OF THE CRIME.
  2. [Whether or not they have been issued or delivered, certain written
instruments,  not  including those having a readily ascertainable market
value such as some public and corporate bonds and securities,  shall  be
evaluated as follows:
  (a)  The value of an instrument constituting an evidence of debt, such
as a check, draft or promissory note, shall be deemed the amount due  or
collectable  thereon  or  thereby, such figure ordinarily being the face
amount of the indebtedness less  any  portion  thereof  which  has  been
satisfied.
  (b)  The  value of a ticket or equivalent instrument which evidences a
right to receive a transportation, entertainment or other service  shall
be  deemed  the  price stated thereon, if any; and if no price is stated

S. 7563                             5

thereon the value shall be deemed the price of such ticket or equivalent
instrument which the issuer charges the general public.
  (c)  The  value  of  any  other  instrument  which  creates, releases,
discharges or otherwise affects any valuable legal right,  privilege  or
obligation  shall  be  deemed the greatest amount of economic loss which
the owner of the instrument might reasonably suffer  by  virtue  of  the
loss  of  the  instrument.]  THE  VALUE  OF  COMPUTER DATA OR A COMPUTER
PROGRAM IS THE REPLACEMENT COST OR THE MARKET  VALUE  AT  THE  TIME  AND
PLACE OF THE CRIME, WHICHEVER IS GREATER.
  S  4.  The penal law is amended by adding a new section 155.23 to read
as follows:
S 155.23 PETIT THEFT OF SERVICE.
  A PERSON IS GUILTY OF PETIT THEFT OF SERVICE WHEN HE OR SHE  STEALS  A
SERVICE.
  PETIT THEFT OF SERVICE IS A CLASS B MISDEMEANOR.
  S 5. Section 155.25 of the penal law is amended to read as follows:
S 155.25 Petit larceny.
  A person is guilty of petit larceny when he or she:
  1. steals property; OR
  2.  STEALS A SERVICE AND THE VALUE OF THE SERVICE EXCEEDS FIVE HUNDRED
DOLLARS.
  Petit larceny is a class A misdemeanor.
  S 6. The opening paragraph and subdivisions 1,  4  and  6  of  section
155.30  of the penal law, as amended by chapter 515 of the laws of 1986,
subdivision 4 as amended by chapter 556 of the laws of 1987, are amended
to read as follows:
  A person is guilty of grand larceny in the fourth degree  when  he  OR
SHE steals property OR A SERVICE and when:
  1.  The  value  of  the  property  OR  A  SERVICE exceeds one thousand
dollars; or
  4. The property consists of [a credit card  or  debit  card]  PERSONAL
IDENTIFYING INFORMATION; or
  6.  The  property OR A SERVICE, regardless of its nature and value, is
obtained by extortion; or
  S 7. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property OR A SERVICE and:
  1. when the value of the property OR A SERVICE exceeds three  thousand
dollars, or
  2.  the  property is an automated teller machine or the contents of an
automated teller machine, OR
  3. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION  CONCERNING  TWEN-
TY-FIVE OR MORE PERSONS.
  Grand larceny in the third degree is a class D felony.
  S 8. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.40 Grand larceny in the second degree.
  A  person  is  guilty of grand larceny in the second degree when he OR
SHE steals property OR A SERVICE and when:
  1. The value of the property  OR  A  SERVICE  exceeds  fifty  thousand
dollars; or
  2.  The  property OR A SERVICE, regardless of its nature and value, is
obtained by extortion committed by instilling in the victim a fear  that
the  actor  or  another  person  will  (a) cause physical injury to some

S. 7563                             6

person in the future, or (b) cause damage to property,  or  (c)  use  or
abuse  his  OR  HER  position as a public servant by engaging in conduct
within or related to his OR HER official duties, or by failing or refus-
ing to perform an official duty, in such manner as to affect some person
adversely; OR
  3.  THE  PROPERTY  IS  PERSONAL IDENTIFYING INFORMATION CONCERNING ONE
HUNDRED OR MORE PERSONS.
  Grand larceny in the second degree is a class C felony.
  S 9. Section 155.42 of the penal law, as added by chapter 515  of  the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property OR A SERVICE and when:
  1. the value of the property exceeds one million dollars; OR
  2.  THE  PROPERTY  IS  PERSONAL IDENTIFYING INFORMATION CONCERNING ONE
THOUSAND OR MORE PERSONS.
  Grand larceny in the first degree is a class B felony.
  S 10. Sections 190.60 and 190.65 of the penal law are REPEALED.
  S 11. The penal law is amended by  adding  six  new  sections  190.60,
190.61, 190.62, 190.63, 190.64, and 190.65 to read as follows:
S 190.60 SCHEME TO DEFRAUD DEFINED.
  1. A PERSON ENGAGES IN A SCHEME TO DEFRAUD WHEN HE OR SHE ENGAGES IN A
SCHEME  CONSTITUTING  A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO DEFRAUD AT LEAST ONE PERSON OR TO OBTAIN PROPERTY OR SERVICE FROM  AT
LEAST  ONE  PERSON  BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY OR SERVICE FROM AT LEAST ONE PERSON.
  2. PROPERTY, SERVICE, COMPUTER DATA AND COMPUTER  PROGRAM  SHALL  HAVE
THE MEANINGS SET FORTH IN SECTION 155.00 OF THIS CHAPTER.
  3. IN ANY PROSECUTION OF A SCHEME TO DEFRAUD, IT SHALL BE NECESSARY TO
PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY OR SERVICE, BUT IT SHALL NOT BE NECESSARY TO PROVE THE
IDENTITY OF ANY OTHER INTENDED VICTIM, PROVIDED THAT IN A PROSECUTION OF
A SCHEME TO DEFRAUD PURSUANT TO SUBDIVISION THREE OF SECTION  190.62  OF
THIS  ARTICLE,  IT  SHALL BE NECESSARY TO PROVE THE IDENTITY OF AT LEAST
ONE SUCH VULNERABLE ELDERLY PERSON.
S 190.61 SCHEME TO DEFRAUD IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIFTH DEGREE WHEN  HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD.
  SCHEME TO DEFRAUD IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 190.62 SCHEME TO DEFRAUD IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FOURTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TEN OR MORE PERSONS; OR
  2.  THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE THOUSAND
DOLLARS; OR
  3. INTENDS TO OBTAIN AND DOES OBTAIN PROPERTY OR SERVICE FROM AT LEAST
ONE VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER.
  SCHEME TO DEFRAUD IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 190.63 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN  HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1.  INTENDS  TO  OBTAIN  PROPERTY  OR SERVICE FROM TWENTY-FIVE OR MORE
PERSONS; OR
  2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS  THREE  THOU-
SAND DOLLARS.

S. 7563                             7

  SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
S 190.64 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1.  INTENDS  TO  OBTAIN  PROPERTY  OR SERVICE FROM ONE HUNDRED OR MORE
PERSONS; OR
  2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS  FIFTY  THOU-
SAND DOLLARS.
  SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 190.65 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
  1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM  ONE  THOUSAND  OR  MORE
PERSONS; OR
  2.  THE  VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE MILLION
DOLLARS.
  SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 12. This act shall  take  effect  on  the  first  of  November  next
succeeding the date upon which this act shall have become a law.

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