STATE OF NEW YORK
________________________________________________________________________
3740
2013-2014 Regular Sessions
IN SENATE
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 § 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 § 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
