Bill Text: NY A10038 | 2023-2024 | General Assembly | Introduced

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Bill Title: Criminalizes defrauding a person 65 years of age or older by stealing or accessing without proper permission money, property or benefits by means of a deceptive tactic or the purposeful feeding of misinformation, regardless of the monetary value of the money, property or benefits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-02 - referred to codes [A10038 Detail]

Download: New_York-2023-A10038-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10038

                   IN ASSEMBLY

                                       May 2, 2024
                                       ___________

        Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the penal law, in relation to establishing  the  offense
          of defrauding an elderly person

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 190.90  to
     2  read as follows:
     3  § 190.90 Defrauding an elderly person.
     4    1.  A  person is guilty of defrauding an elderly person when, with the
     5  intent to defraud or obtain property, such person:
     6    (a) steals or accesses without proper permission  money,  property  or
     7  benefits  by  means  of  a deceptive tactic or the purposeful feeding of
     8  misinformation, regardless of the monetary value of the money,  property
     9  or benefits; and
    10    (b) the victim is a person sixty-five years of age or older.
    11    2.  A violation of this section may be charged in addition to a charge
    12  of any other offense under this chapter and any sentence imposed  for  a
    13  violation  of  this section shall be in addition to any sentence imposed
    14  for any other offense. A  sentence  imposed  for  a  violation  of  this
    15  section shall not be less than thirty days imprisonment.
    16    Defrauding an elderly person is a class B misdemeanor.
    17    § 2. This act shall take effect on the first of November next succeed-
    18  ing the date upon which it shall have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15325-01-4