Assembly Bill A8473

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8473
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   package theft in the fourth, third, second and first degrees
 
   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 six new sections 165.75,
 165.76, 165.77, 165.78, 165.79 and 165.80 to read as follows:
 § 165.75 PACKAGE THEFT IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF PACKAGE THEFT IN THE FOURTH DEGREE  WHEN  HE  OR
 SHE  KNOWINGLY  TAKES  A  PACKAGE  OR PACKAGES WHICH CONTAIN ONE OR MORE
 ITEMS INTENDED FOR ANOTHER PERSON WITH  INTENT  TO  BENEFIT  HIMSELF  OR
 HERSELF OR A PERSON OTHER THAN THE INTENDED RECIPIENT OF SUCH PACKAGE OR
 PACKAGES AND
   THE  COMBINED  VALUE OF THE ITEM OR ITEMS WITHIN SUCH PACKAGE OR PACK-
 AGES OR THE REPLACEMENT COST OF SUCH ITEM OR ITEMS EXCEEDS ONE DOLLAR.
   PACKAGE THEFT IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
 § 165.76 PACKAGE THEFT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF PACKAGE THEFT IN THE THIRD DEGREE WHEN HE OR SHE
 KNOWINGLY TAKES A PACKAGE OR PACKAGES WHICH CONTAIN ONE  OR  MORE  ITEMS
 INTENDED FOR ANOTHER PERSON WITH INTENT TO BENEFIT HIMSELF OR HERSELF OR
 A  PERSON  OTHER THAN THE INTENDED RECIPIENT OF SUCH PACKAGE OR PACKAGES
 AND:
   1. THE COMBINED VALUE OF THE PROPERTY WITHIN SUCH PACKAGE OR  PACKAGES
 OR THE REPLACEMENT COST OF SUCH PROPERTY EXCEEDS TWENTY-FIVE DOLLARS;
   2. TWO OR MORE PACKAGES ARE TAKEN; OR
   3.  A  PERSON  HAS  PREVIOUSLY  BEEN  CONVICTED OF PACKAGE THEFT UNDER
 SECTION 165.75 OF THIS ARTICLE.
   PACKAGE THEFT IN THE THIRD DEGREE IS A CLASS E FELONY.
 § 165.77 PACKAGE THEFT IN THE SECOND DEGREE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13843-02-3
 A. 8473                             2
              

 
   A PERSON IS GUILTY OF PACKAGE THEFT IN THE SECOND DEGREE  WHEN  HE  OR
 SHE  KNOWINGLY  TAKES  A  PACKAGE  OR PACKAGES WHICH CONTAIN ONE OR MORE
 ITEMS INTENDED FOR ANOTHER PERSON WITH  INTENT  TO  BENEFIT  HIMSELF  OR
 HERSELF  OR  A PERSON OTHER THAN THE INTENDED RECIPIENT AND SUCH PACKAGE
 OR PACKAGES CONTAIN MEDICINE, A MEDICAL DEVICE OR DEVICES, OR PARTS OF A
 MEDICAL  DEVICE OR DEVICES WHICH WERE PRESCRIBED TO THE INTENDED RECIPI-
 ENT, A PERSON WITHIN THE INTENDED RECIPIENT'S  HOUSEHOLD,  OR  A  PERSON
 WITHIN THE INTENDED RECIPIENT'S FAMILY OR CARE.
   PACKAGE THEFT IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 165.78 PACKAGE THEFT IN THE FIRST DEGREE.
   1.  A PERSON IS GUILTY OF PACKAGE THEFT IN THE FIRST DEGREE WHEN HE OR
 SHE KNOWINGLY TAKES A PACKAGE OR PACKAGES  WHICH  CONTAIN  ONE  OR  MORE
 ITEMS  INTENDED  FOR  ANOTHER  PERSON  WITH INTENT TO BENEFIT HIMSELF OR
 HERSELF OR A PERSON OTHER THAN THE INTENDED RECIPIENT AND:
   (A) SUCH PACKAGE OR PACKAGES CONTAIN MEDICINE,  A  MEDICAL  DEVICE  OR
 DEVICES OR PARTS OF A MEDICAL DEVICE OR DEVICES WHICH WERE PRESCRIBED TO
 THE  INTENDED RECIPIENT, A PERSON WITHIN THE INTENDED RECIPIENT'S HOUSE-
 HOLD, OR A PERSON WITHIN THE INTENDED RECIPIENT'S FAMILY OR CARE;
   (B) THE OUTSIDE AREA OF SUCH PACKAGE OR PACKAGES CLEARLY  BEAR  WORDS,
 MARKINGS,  OR  SYMBOLS  INDICATING THAT SUCH PACKAGE OR PACKAGES CONTAIN
 MEDICINE, A MEDICAL DEVICE OR DEVICES OR PARTS OF A  MEDICAL  DEVICE  OR
 DEVICES; AND
   (C)  THE  INTENDED RECIPIENT, A PERSON WITHIN THE INTENDED RECIPIENT'S
 HOUSEHOLD, OR A PERSON WITHIN THE INTENDED RECIPIENT'S  FAMILY  OR  CARE
 SUFFERS A SERIOUS ADVERSE HEALTH CONDITION AS A RESULT OF THEIR INABILI-
 TY  TO  ACCESS  SUCH  MEDICATION,  MEDICAL DEVICE OR MEDICAL DEVICES, OR
 PARTS OF A MEDICAL DEVICE OR DEVICES.
   2. FOR PURPOSES OF THIS SECTION,  THE  TERM  "SERIOUS  ADVERSE  HEALTH
 CONDITION" SHALL MEAN ANY CONDITION SUFFERED BY A PERSON WHICH:
   (A)  SUBSTANTIALLY PROLONGS SUCH PERSON'S POTENTIAL OR EXISTING HEALTH
 CONDITION;
   (B) CAUSES SUCH PERSON TO LOSE A LIMB OR ORGAN;
   (C) CAUSES SUCH PERSON TO PERMANENTLY OR FOR  A  PROLONGED  PERIOD  OF
 TIME LOSE OR HAVE LIMITED A BODILY FUNCTION;
   (D)  SEVERELY  DEGRADES  SUCH PERSON'S QUALITY OF LIFE FOR A PROLONGED
 PERIOD OF TIME;
   (E) SHORTENS THE LENGTH OF SUCH PERSON'S LIFE;
   (F) CAUSES INCAPACITATION OF SUCH PERSON; OR
   (G) CAUSES THE DEATH OF SUCH PERSON.
   PACKAGE THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 165.79 PACKAGE THEFT; NO DEFENSE.
   1. IN ANY PROSECUTION FOR PACKAGE THEFT  IN  THE  FOURTH,  THIRD,  AND
 SECOND DEGREE, IT IS NOT A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE WAS UNAWARE OF THE CONTENTS WITHIN
 THE PACKAGE OR PACKAGES; OR
   (B) THE PERSON WHO TOOK THE PACKAGE ABANDONED, DESTROYED, OR OTHERWISE
 RELINQUISHED  POSSESSION  OF THE PACKAGE TO A THIRD PARTY OTHER THAN THE
 INTENDED RECIPIENT AFTER IT WAS TAKEN.
   2. IN ADDITION TO THE DEFENSES PROVIDED IN  SUBDIVISION  ONE  OF  THIS
 SECTION  IN ANY PROSECUTION FOR PACKAGE THEFT IN THE FIRST DEGREE, IT IS
 NOT A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE DID NOT INTEND TO CAUSE OR FORESEE
 THE SERIOUS ADVERSE HEALTH CONDITION OF THE INTENDED RECIPIENT;
   (B) THE PERSON WHO TOOK THE PACKAGE BELIEVED THAT THE INTENDED RECIPI-
 ENT WOULD NOT SUFFER A SERIOUS ADVERSE HEALTH CONDITION AS A  RESULT  OF
 THE THEFT;
 A. 8473                             3
 
   (C)  THE  PERSON WHO TOOK THE PACKAGE DID NOT SEE THE WORDS, MARKINGS,
 OR SYMBOLS INDICATING THAT THE PACKAGE CONTAINED PRESCRIPTION  MEDICINE,
 A MEDICAL DEVICE OR DEVICES OR PARTS OF A MEDICAL DEVICE OR DEVICES AS A
 RESULT  OF THE WORDS, MARKINGS, OR SYMBOLS BEING BLOCKED OR COVERED AS A
 RESULT OF THE PACKAGE'S POSITION OR ORIENTATION; OR
   (D)  THE  PERSON  WHO  TOOK  THE  PACKAGE INTENDED ONLY TO TEMPORARILY
 POSSESS OR USE THE CONTENTS OF THE PACKAGE, WITHOUT INTENDING TO  PERMA-
 NENTLY DEPRIVE THE OWNER OF IT.
 § 165.80 PACKAGE THEFT; DEFENSES.
   1.  NOTWITHSTANDING  ANY  OTHER  DEFENSES  PROVIDED FOR IN LAW, IN ANY
 PROSECUTION FOR PACKAGE THEFT IN THE FOURTH, THIRD, AND  SECOND  DEGREE,
 IT SHALL BE A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE GENUINELY BELIEVED THE PACKAGE WAS
 THEIRS OR INTENDED FOR THEM;
   (B)  THE PERSON WHO TOOK THE PACKAGE GENUINELY BELIEVED THAT THEY WERE
 AUTHORIZED OR HAD THE CONSENT OF THE OWNER TO TAKE THE PACKAGE; OR
   (C) THERE WAS A GENUINE DISPUTE OVER THE OWNERSHIP OF THE CONTENTS  OF
 THE PACKAGE.
   2.  IN  ADDITION  TO  THE  DEFENSE PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION, IN ANY PROSECUTION FOR PACKAGE THEFT IN THE  FIRST  DEGREE,  IT
 SHALL  BE A DEFENSE THAT THE WORDS, MARKINGS, OR SYMBOLS INDICATING THAT
 THE PACKAGE CONTAINED PRESCRIPTION MEDICINE, A MEDICAL DEVICE OR DEVICES
 OR PARTS OF A MEDICAL DEVICE OR DEVICES WAS  OBSCURED  AS  A  RESULT  OF
 DAMAGE  TO  THE  PACKAGE OR THE IMPROPER PLACEMENT OF SHIPPING MATERIALS
 COMPLETELY OBSCURING THE WORDS, MARKINGS, OR SYMBOLS DONE  BY  THE  MAIL
 CARRIER  OR  THE  MANUFACTURER  OR  DISTRIBUTOR OF THE MEDICINE, MEDICAL
 DEVICE OR DEVICES OR PARTS OF THE MEDICAL DEVICE OR DEVICES.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.