Amends elements of the offense of grand larceny in the third degree to include certain crimes against the elderly

Title of bill

An act to amend the penal law, in relation to grand larceny in the third degree

Summary of provisions

This bill would amend section 155.35 of the Penal law (grand larceny in the third degree, a class 0 felony) by including within its provisions the taking of property, regardless of its nature and value, from persons sixty-five or older by those more than ten years younger than the victim. At present, such conduct is punishable pursuant to Penal Law § 155.30 (grand larceny in the fourth degree, a class E felony).

Justification

The State Legislature has recently taken strong action to better protect the senior citizens of New York State by upgrading the crime of assault to a class D felony when it is committed against a person who is 65 years of age or older by another person who is more than ten years younger than the victim. The Legislature is to be commended for taking this reasonable and necessary step, but the corollary measure contained in this bill addresses an equally compelling need - amendment of Penal Law to offer similar protection to elderly victims of the crime of grand larceny by effectively increasing the penalty (from a class E to a class D felony) for those who take property from the person of an elderly victim.

Last year, there were two particularly heinous attacks on elderly New Yorkers, which involved attempts to steal property from two elderly victims. These attacks were properly classified and charged as assaults, among other crimes. However, there are other situations where some or all of the elements of the crime of assault may be absent, making enhanced protection for elderly victims unavailable. The selection of an elderly person as the victim of a mugging, even without a demonstrable intent to cause physical injury on the part of the attacker, compels equal concern. It is necessary not only to upgrade the penalty for assault, but also for grand larceny from the person, in order to allow elderly New Yorkers to go about their business without fear. Where a thief snatches a purse from the arm of an elderly victim, both physical and psychological damage ensues, whether or not the damage rises to the level of "physical injury" required for charging the crime of assault. Criminals must be placed on notice that the choice of an elderly victim carries much greater consequences than does targeting a victim more likely to be able to prevent the theft or defend themselves.

Prior legislative history

2007-2008: S.8399 - Referred to Rules, Passes Senate

Fiscal implications

None.

Effective date

90 days after it becomes law.