STATE OF NEW YORK
________________________________________________________________________
7307
2025-2026 Regular Sessions
IN SENATE
April 9, 2025
___________
Introduced by Sen. CLEARE -- 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 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 Assem-bly, do enact as follows:
1 Section 1. Section 155.30 of the penal law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. The value of the property exceeds two hundred fifty dollars and is
4 taken from a person who is sixty-five years of age or older.
5 § 2. Section 165.30 of the penal law, as amended by chapter 772 of the
6 laws of 1971, is amended to read as follows:
7 § 165.30 Fraudulent accosting in the second degree.
8 1. A person is guilty of fraudulent accosting in the second degree
9 when [he] such person accosts [a] another person in a public place with
10 intent to defraud [him] such other person of money or other property by
11 means of a trick, swindle or confidence game.
12 2. A person who, either at the time [he] such person accosts another
13 in a public place or at some subsequent time or at some other place,
14 makes statements to [him] such other person or engages in conduct with
15 respect to [him] such other person of a kind commonly made or performed
16 in the perpetration of a known type of confidence game, is presumed to
17 intend to defraud such other person of money or other property.
18 Fraudulent accosting in the second degree is a class A misdemeanor.
19 § 3. The penal law is amended by adding a new section 165.31 to read
20 as follows:
21 § 165.31 Fraudulent accosting in the first degree.
22 1. A person is guilty of fraudulent accosting in the first degree when
23 such person accosts another person, who is sixty-five years of age or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09940-01-5
S. 7307 2
1 older, in a public place with intent to defraud such other person of
2 money or other property by means of a trick, swindle or confidence game.
3 2. A person who, either at the time such person accosts another in a
4 public place or at some subsequent time or at some other place, makes
5 statements to such other person or engages in conduct with respect to
6 such other person of a kind commonly made or performed in the perpe-
7 tration of a known type of confidence game, is presumed to intend to
8 defraud such other person of money or other property.
9 Fraudulent accosting in the first degree is a class E felony.
10 § 4. This act shall take effect on the first of November next succeed-
11 ing the date on which it shall have become a law.
