S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7307
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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 13 to read as follows:
   13. 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] SUCH PERSON accosts [a] ANOTHER person in a public place  with
 intent  to defraud [him] SUCH OTHER PERSON of money or other property by
 means of a trick, swindle or confidence game.
   2. A person who, either at the time [he] SUCH PERSON  accosts  another
 in  a  public  place  or at some subsequent time or at some other place,
 makes statements to [him] SUCH OTHER PERSON or engages in  conduct  with
 respect  to [him] SUCH OTHER PERSON of a kind commonly made or performed
 in the perpetration of a known type of confidence game, is  presumed  to
 intend to defraud such OTHER 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 165.31 to read
 as follows:
 § 165.31 FRAUDULENT ACCOSTING IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF FRAUDULENT ACCOSTING IN THE FIRST DEGREE WHEN
 SUCH PERSON ACCOSTS ANOTHER PERSON, WHO IS SIXTY-FIVE YEARS  OF  AGE  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09940-01-5
 S. 7307                             2
              

 
 OLDER,  IN  A  PUBLIC  PLACE WITH INTENT TO DEFRAUD SUCH OTHER PERSON OF
 MONEY OR OTHER PROPERTY BY MEANS OF A TRICK, SWINDLE OR CONFIDENCE GAME.
   2.  A  PERSON WHO, EITHER AT THE TIME SUCH PERSON ACCOSTS ANOTHER IN A
 PUBLIC PLACE OR AT SOME SUBSEQUENT TIME OR AT SOME  OTHER  PLACE,  MAKES
 STATEMENTS  TO  SUCH  OTHER PERSON OR ENGAGES IN CONDUCT WITH RESPECT TO
 SUCH OTHER PERSON OF A KIND COMMONLY MADE OR  PERFORMED  IN  THE  PERPE-
 TRATION  OF  A  KNOWN  TYPE OF CONFIDENCE GAME, IS PRESUMED TO INTEND TO
 DEFRAUD SUCH OTHER 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.