What's happening
This bill creates enhanced penalties for theft or fraudulent schemes targeting senior citizens, including establishing a new felony for defrauding those 65 or older.
Why it matters
Targets crimes against senior citizens specifically. , reflecting a recognition that older adults may be more vulnerable to theft and fraud, and signaling a policy shift toward greater protection for this group.
Increases legal consequences for offenders. by classifying thefts over $250 from individuals aged 65 or older as grand larceny (a felony), which may deter potential criminals and acknowledge the heightened impact such crimes can have on seniors.
Creates a new felony class (fraudulent accosting in the first degree) for defrauding seniors. , distinguishing these offenses from similar acts against younger people, and potentially leading to longer sentences or more serious charges for those who target elderly victims.
Expands prosecutorial tools. by updating definitions and presumptions about intent to defraud, making it easier for law enforcement and prosecutors to bring charges when common “confidence game” tactics are used against seniors.
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Felony for Scamming Seniors
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1863
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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.
LBD06154-01-9
A. 1863 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.