What's happening
This bill increases penalties for theft and fraudulent schemes targeting seniors, creating new felony and misdemeanor offenses for such crimes.
Why it matters
Targets crimes specifically against seniors. By defining new offenses (like theft over $250 and fraudulent accosting) when the victim is 65 or older, the bill recognizes that seniors are particularly vulnerable to financial crimes and aims to give them extra legal protection.
Creates harsher penalties for crimes against seniors. Classifying these offenses as higher misdemeanors or felonies increases the possible jail time and consequences for offenders, which could act as a deterrent and signal the seriousness of exploiting elderly citizens.
Expands legal definitions to cover more scam scenarios. By explicitly referencing tricks, swindles, and confidence games in public or subsequent settings, the bill seeks to close loopholes and ensure that a broad range of fraudulent tactics used against seniors can be prosecuted effectively.
Shifts burden of proof in certain cases. The bill presumes intent to defraud if someone uses common scam tactics, which could make it easier for law enforcement and prosecutors to pursue charges and secure convictions in cases involving senior victims.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Seniors From Scams
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1311
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ZEBROWSKI -- read once and referred 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 Assembly, do enact as follows:
Section 1. Section 155.30 of the penal law is amended by adding a new subdivision 12 to read as follows:
12. 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 or she accosts a person in a public place with intent to defraud him or her of money or other property by means of a trick, swindle or confidence game.
2. A person who, either at the time he or she accosts another in a public place or at some subsequent time or at some other place, makes statements to him or her or engages in conduct with respect to him or her of a kind commonly made or performed in the perpetration of a known type of confidence game, is presumed to intend to defraud such 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 165.32 to read as follows: § 165.32 Fraudulent accosting in the first degree.
1. A person is guilty of fraudulent accosting in the first degree when he or she accosts a person, who is sixty-five years of age or older, in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04387-01-7
A. 1311 2
a public place with intent to defraud him or her of money or other property by means of a trick, swindle or confidence game.
2. A person who, either at the time he or she accosts another in a public place or at some subsequent time or at some other place, makes statements to him or her or engages in conduct with respect to him or her of a kind commonly made or performed in the perpetration of a known type of confidence game, is presumed to intend to defraud such 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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.