S T A T E O F N E W Y O R K
________________________________________________________________________
1863
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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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.
LBD06154-01-9
A. 1863 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.