Bill Text: NY S03740 | 2013-2014 | General Assembly | Introduced

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Bill Title: Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-09 - referred to codes [S03740 Detail]

Download: New_York-2013-S03740-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3740
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2013
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to including falsely solicit-
         ing for property within the crime of scheme to defraud in  the  second
         degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 190.60 of the penal law, as amended by chapter  491
    2  of  the  laws of 1992 and subdivision 1 as amended by chapter 357 of the
    3  laws of 1996, is amended to read as follows:
    4  S 190.60 Scheme to defraud in the second degree.
    5    1. A person is guilty of a scheme to defraud in the second degree when
    6  he OR SHE: (A) engages in a scheme  constituting  a  systematic  ongoing
    7  course  of  conduct  with  intent  to defraud more than one person or to
    8  obtain property from  more  than  one  person  by  false  or  fraudulent
    9  pretenses, representations or promises, and so obtains property from one
   10  or more of such persons; OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY
   11  OTHER  PROPERTY FROM A PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP
   12  OR CONNECTION WITH  AN  ORGANIZATION,  GOVERNMENTAL  ENTITY  OR  AGENCY,
   13  WHETHER OR NOT HE OR SHE OBTAINS PROPERTY FROM SUCH PERSON.
   14    2.  In  any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE OF this
   15  section, it shall be necessary to prove the identity  of  at  least  one
   16  person from whom the defendant so obtained property, but it shall not be
   17  necessary to prove the identity of any other intended victim.
   18    Scheme to defraud in the second degree is a class A misdemeanor.
   19    S 2. This act shall take effect on the first of November next succeed-
   20  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08333-01-3