Legislation
SECTION 155.40
Grand larceny in the second degree
Penal (PEN) CHAPTER 40, PART 3, TITLE J, ARTICLE 155
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when such
person steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, 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 person in the
future, or (b) cause damage to property, or (c) use or abuse the actor's
position as a public servant by engaging in conduct within or related to
the actor's official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely; or
** 3. The property consists of retail goods or merchandise stolen
pursuant to a common scheme or plan or a single, ongoing intent to
deprive another or others of the property or to appropriate the property
to the actor or another person and the value of the property exceeds
fifty thousand dollars, which value may be determined by the aggregate
value of all such property regardless of whether the goods or
merchandise were stolen from the same owner. Nothing in this subdivision
shall be read to limit the ability to aggregate the value of any
property or the ability to charge the larceny of retail goods or
merchandise under another applicable provision of law.
** NB There are 2 sb 3's
** 3. Such person commits deed theft, regardless of the value, of: (a)
one residential real property; or (b) one commercial mixed-use property
with at least one residential unit; or (c) two or more commercial
properties.
** NB There are 2 sb 3's
Grand larceny in the second degree is a class C felony.
A person is guilty of grand larceny in the second degree when such
person steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, 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 person in the
future, or (b) cause damage to property, or (c) use or abuse the actor's
position as a public servant by engaging in conduct within or related to
the actor's official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely; or
** 3. The property consists of retail goods or merchandise stolen
pursuant to a common scheme or plan or a single, ongoing intent to
deprive another or others of the property or to appropriate the property
to the actor or another person and the value of the property exceeds
fifty thousand dollars, which value may be determined by the aggregate
value of all such property regardless of whether the goods or
merchandise were stolen from the same owner. Nothing in this subdivision
shall be read to limit the ability to aggregate the value of any
property or the ability to charge the larceny of retail goods or
merchandise under another applicable provision of law.
** NB There are 2 sb 3's
** 3. Such person commits deed theft, regardless of the value, of: (a)
one residential real property; or (b) one commercial mixed-use property
with at least one residential unit; or (c) two or more commercial
properties.
** NB There are 2 sb 3's
Grand larceny in the second degree is a class C felony.