§ 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
property with a value in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud more than one person,
more than one of whom is a vulnerable elderly person as defined in
subdivision three of section 260.31 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
260.31 of this chapter, by false or fraudulent pretenses,
representations or promises, and so obtains property from one or more
such persons; or (d) engages in a systematic ongoing course of conduct,
with intent to defraud more than one person by false or fraudulent
pretenses, representations or promises, by disposing of solid waste as
defined in section 27-0701 of the environmental conservation law on such
persons' property, and so damages the property of one or more of such
persons in an amount in excess of one thousand dollars.

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
paragraph (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person as
defined in subdivision three of section 260.31 of this chapter.

3. In any prosecution under paragraph (d) of subdivision one of this
section, it shall be necessary to prove the identity of at least one
person on whose property the defendant fraudulently disposed of solid
waste pursuant to such paragraph (d), but it shall not be necessary to
prove the identity of any other victim or intended victim.

Scheme to defraud in the first degree is a class E felony.