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Senate Bill S4613

2017-2018 Legislative Session

Relates to scheme to defraud in the first degree and scheme to defraud in the second degree

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S4613 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§190.65 & 190.60, Pen L

2017-S4613 (ACTIVE) - Summary

Increases the penalty for scheme to defraud in the first degree from a class E felony to a class D felony; increases the penalty of scheme to defraud in the second degree from a class A misdemeanor to a class E felony.

2017-S4613 (ACTIVE) - Sponsor Memo

2017-S4613 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4613
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 scheme to defraud  in  the
   first degree and 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 190.65 of the penal law, as amended by chapter  291
 of the laws of 2008, is amended to read as follows:
 § 190.65 Scheme to defraud in the first degree.
   1.  A person is guilty of a scheme to defraud in the first degree when
 he or she: (a) engages in a scheme  constituting  a  systematic  ongoing
 course  of  conduct  with  intent  to  defraud ten or more persons or to
 obtain property  from  ten  or  more  persons  by  false  or  fraudulent
 pretenses, representations or promises, and so obtains property from one
 or  more  of  such  persons;  or  (b) 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  prop-
 erty  with  a  value  in excess of one thousand dollars from one or more
 such persons; or (c) engages in a scheme constituting a systematic ongo-
 ing course of conduct with intent to defraud more than one person,  more
 than  one of whom is a vulnerable elderly person [as defined in subdivi-
 sion three of section 260.30 of this chapter] or to obtain property from
 more than one person, more than one of  whom  is  a  vulnerable  elderly
 person  [as defined in subdivision three of section 260.30 of this chap-
 ter], by false or fraudulent pretenses, representations or promises, and
 so obtains property from one or more such persons.
   2. In any prosecution under 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, provided that in any prosecution under
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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