S T A T E O F N E W Y O R K
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269
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sen. HOYLMAN -- 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 establishing and redefin-
ing offenses involving fraud, scheme to defraud and larceny; and to
repeal sections 190.60 and 190.65 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 155.00 of the penal law, subdivisions 1 and 8 as
amended by chapter 514 of the laws of 1986, subdivision 6 as added by
chapter 791 of the laws of 1967, subdivision 7 as added by chapter 115
of the laws of 1969, subdivision 7-a as added by chapter 556 of the laws
of 1987, subdivision 7-b as added by chapter 81 of the laws of 1995,
subdivision 7-c as amended by chapter 171 of the laws of 1993, and
subdivision 9 as added by chapter 530 of the laws of 1975, is amended to
read as follows:
§ 155.00 Larceny; definitions of terms.
The following definitions are applicable to this title:
1. "Property" means any money, personal property, real property,
computer data, computer program, PERSONAL IDENTIFYING INFORMATION,
SECRET SCIENTIFIC MATERIAL, thing in action, evidence of debt or
contract, or any article, substance or thing of value, including any
gas, steam, water or electricity, which is provided for a charge or
compensation.
2. "Obtain" includes, but is not limited to, the bringing about of a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another. WITH REGARD TO PERSONAL IDENTI-
FYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM, OBTAIN INCLUDES
DUPLICATING, RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING OUT
THE INFORMATION, DATA, OR PROGRAM, OR OBTAINING A PHYSICAL OBJECT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05181-01-7
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CONTAINING SUCH INFORMATION. WITH REGARD TO SERVICE, OBTAIN INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
3. "Deprive." To "deprive" another of property means (a) to withhold
it or cause it to be withheld from him OR HER permanently or for so
extended a period or under such circumstances that the major portion of
its economic value or benefit is lost to him OR HER, or (b) to dispose
of the property in such manner or under such circumstances as to render
it unlikely that an owner will recover such property. WHEN THE PROPERTY
IS PERSONAL IDENTIFYING INFORMATION, COMPUTER DATA OR A COMPUTER
PROGRAM, TO DEPRIVE ANOTHER OF IT MEANS TO OBTAIN IT OR CAUSE A THIRD
PERSON TO OBTAIN IT UNDER SUCH CIRCUMSTANCES THAT A SUBSTANTIAL PORTION
OF THE ECONOMIC BENEFIT OR VALUE OF HAVING CONTROL OVER IT OR AUTHORITY
OVER ITS USE IS LOST TO AN OWNER. TO DEPRIVE ANOTHER OF SERVICE IS TO
USE OR ACCESS A SERVICE OR CAUSE A THIRD PERSON TO USE OR ACCESS A
SERVICE UNDER SUCH CIRCUMSTANCES THAT SOME OF THE ECONOMIC BENEFIT OR
VALUE OF HAVING CONTROL OR AUTHORITY OVER PROVIDING THE SERVICE IS LOST
TO AN OWNER.
4. "Appropriate." To "appropriate" property of another to oneself or a
third person means (a) to exercise control over it, or to aid a third
person to exercise control over it, permanently or for so extended a
period or under such circumstances as to acquire the major portion of
its economic value or benefit, or (b) to dispose of the property for the
benefit of oneself or a third person. WHEN THE PROPERTY IS PERSONAL
IDENTIFYING INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM OF ANOTHER,
TO APPROPRIATE IT TO ONESELF OR A THIRD PERSON MEANS TO OBTAIN IT UNDER
SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT OR DISPOSE OF IT
TO THE ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC
DETRIMENT OR DAMAGE OF AN OWNER. TO APPROPRIATE A SERVICE PROVIDED BY
ANOTHER TO ONESELF OR A THIRD PERSON MEANS TO USE OR ACCESS THE SERVICE
UNDER SUCH CIRCUMSTANCES AS TO ACQUIRE THE ABILITY TO USE IT TO THE
ECONOMIC BENEFIT OF ONESELF OR A THIRD PERSON OR TO THE ECONOMIC DETRI-
MENT OR DAMAGE OF AN OWNER.
5. "Owner." When property OR SERVICE is taken, obtained or withheld by
one person from another person, an "owner" thereof means any person who
has a right to possession [thereof] OF THE PROPERTY OR A RIGHT TO
PROVIDE THE SERVICE superior to that of the taker, obtainer or withhold-
er.
A person who has obtained possession of property OR SERVICE by theft
or other illegal means shall be deemed to have a right of possession OF
THE PROPERTY OR A RIGHT TO PROVIDE THE SERVICE superior to that of a
person who takes, obtains or withholds it from him OR HER by larcenous
means.
A joint or common owner of property shall not be deemed to have a
right of possession thereto superior to that of any other joint or
common owner thereof.
In the absence of a specific agreement to the contrary, a person in
lawful possession of property shall be deemed to have a right of
possession superior to that of a person having only a security interest
therein, even if legal title lies with the holder of the security inter-
est pursuant to a conditional sale contract or other security agreement.
6. "Secret scientific material" means a sample, culture, micro-organ-
ism, specimen, record, recording, document, drawing or any other arti-
cle, material, device or substance which constitutes, represents,
evidences, reflects, or records a scientific or technical process,
invention or formula or any part or phase thereof, and which is not, and
is not intended to be, available to anyone other than the person or
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persons rightfully in possession thereof or selected persons having
access thereto with his, HER or their consent, and when it accords or
may accord such rightful possessors an advantage over competitors or
other persons who do not have knowledge or the benefit thereof.
7. ["Credit card" means any instrument or article defined as a credit
card in section five hundred eleven of the general business law.
7-a. "Debit card" means any instrument or article defined as a debit
card in section five hundred eleven of the general business law.
7-b. "Public benefit card" means any medical assistance card, food
stamp assistance card, public assistance card, or any other identifica-
tion, authorization card or electronic access device issued by the state
or a social services district as defined in subdivision seven of section
two of the social services law, which entitles a person to obtain public
assistance benefits under a local, state or federal program administered
by the state, its political subdivisions or social services districts.
7-c. "Access device" means any telephone calling card number, credit
card number, account number, mobile identification number, electronic
serial number or personal identification number that can be used to
obtain telephone service.] "PERSONAL IDENTIFYING INFORMATION" MEANS A
PERSON'S DATE OF BIRTH, DRIVER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER,
PERSONAL IDENTIFICATION NUMBER, FINANCIAL SERVICES ACCOUNT NUMBER OR
CODE, SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR CODE,
BROKERAGE ACCOUNT NUMBER OR CODE, CREDIT CARD ACCOUNT NUMBER OR CODE,
DEBIT CARD NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE,
TAXPAYER IDENTIFICATION NUMBER, COMPUTER SYSTEM PASSWORD, SIGNATURE OR
COPY OF A SIGNATURE, ELECTRONIC SIGNATURE, UNIQUE BIOMETRIC DATA THAT IS
A FINGERPRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE, TELEPHONE CALL-
ING CARD NUMBER, MOBILE IDENTIFICATION NUMBER OR CODE, ELECTRONIC SERIAL
NUMBER OR PERSONAL IDENTIFICATION NUMBER, OR ANY OTHER NAME, NUMBER,
CODE OR INFORMATION THAT MAY BE USED ALONE OR IN CONJUNCTION WITH OTHER
SUCH INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON OR ACCESS
FINANCIAL RESOURCES OR CREDIT OF ANOTHER PERSON, OR ANY PHYSICAL OBJECT
CONTAINING SUCH INFORMATION, SUCH AS A PRINTOUT OR OTHER WRITTEN MATERI-
AL, DRIVER'S LICENSE OR OTHER IDENTITY CARD, CREDIT CARD, DEBIT CARD,
PUBLIC BENEFIT CARD, AUTOMATED TELLER OR OTHER TRANSACTIONAL CARD, OR
COMPUTER, HARD DRIVE, OR OTHER DATA STORAGE DEVICE. IN THIS SUBDIVISION,
"PERSON" HAS ALL THE MEANINGS SET FORTH IN SUBDIVISION SEVEN OF SECTION
10.00 OF THIS CHAPTER; "ELECTRONIC SIGNATURE" HAS THE MEANING PROVIDED
IN SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLO-
GY LAW; "CREDIT CARD" AND "DEBIT CARD" HAVE THE MEANINGS PROVIDED IN
SECTION FIVE HUNDRED ELEVEN OF THE GENERAL BUSINESS LAW; "PUBLIC BENEFIT
CARD" MEANS ANY MEDICAL ASSISTANCE CARD, FOOD STAMP ASSISTANCE CARD,
PUBLIC ASSISTANCE CARD, OR ANY OTHER IDENTIFICATION, AUTHORIZATION CARD
OR ELECTRONIC ACCESS DEVICE ISSUED BY THE STATE OR A SOCIAL SERVICES
DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE SOCIAL
SERVICES LAW WHICH ENTITLES A PERSON TO OBTAIN PUBLIC ASSISTANCE BENE-
FITS UNDER A LOCAL, STATE OR FEDERAL PROGRAM ADMINISTERED BY THE STATE,
ITS POLITICAL SUBDIVISIONS OR SOCIAL SERVICES DISTRICTS.
8. "Service" includes, but is not limited to, [labor, professional
service,] a computer service, transportation service, TELECOMMUNICATIONS
SERVICE, CABLE OR SATELLITE TELEVISION SERVICE, MICROWAVE TRANSMISSION
SERVICE, THE SUPPLYING OF SERVICE PURSUANT TO A PUBLIC OR GOVERNMENTAL
BENEFIT PROGRAM, INCLUDING HOUSING AND MEDICAL CARE, THE SUPPLYING OF
SERVICE PURSUANT TO AN INSURANCE POLICY OR PROGRAM, the supplying of
hotel accommodations, restaurant services, entertainment, the supplying
of equipment for use, and the supplying of commodities of a public util-
S. 269 4
ity nature such as gas, electricity, steam and water. A ticket or equiv-
alent instrument which evidences a right to receive a service is not in
itself service but constitutes property within the meaning of subdivi-
sion one.
9. ["Cable television service" means any and all services provided by
or through the facilities of any cable television system or closed
circuit coaxial cable communications system, or any microwave or similar
transmission service used in connection with any cable television system
or other similar closed circuit coaxial cable communications system.]
"COMPUTER PROGRAM" MEANS AN ORDERED SET OF DATA REPRESENTING CODED
INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED BY COMPUTER, CAUSE THE
COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE OR MORE
COMPUTER OPERATIONS OR BOTH AND MAY BE IN ANY FORM, INCLUDING MAGNETIC
STORAGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF THE
COMPUTER.
10. "COMPUTER DATA" MEANS A REPRESENTATION OF INFORMATION, KNOWLEDGE,
FACTS, CONCEPTS OR INSTRUCTIONS WHICH ARE BEING PROCESSED, OR HAVE BEEN
PROCESSED IN A COMPUTER AND MAY BE IN ANY FORM, INCLUDING MAGNETIC STOR-
AGE MEDIA, PUNCHED CARDS, OR STORED INTERNALLY IN THE MEMORY OF THE
COMPUTER.
§ 2. Paragraph (c) of subdivision 2 of section 155.05 of the penal law
is amended and a new paragraph (f) is added to read as follows:
(c) By committing the crime of issuing a bad check, as defined in
section 190.05, OR BY OBTAINING PROPERTY OR SERVICE BY USING OR PRESENT-
ING A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR
KNOWS HE OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED
OR OTHERWISE NOT VALID;
(F) BY THEFT OF SERVICE. THEFT OF SERVICE MEANS EITHER: (I) USING OR
ACCESSING A SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT AND
INTENTIONALLY FAILING TO PAY FOR SUCH USE OR ACCESS BY EITHER TAMPERING
WITHOUT AUTHORITY WITH A DELIVERY, PAYMENT, OR MEASUREMENT DEVICE OR
MECHANISM, OR BY ENTERING OR LEAVING PREMISES WHERE THE SERVICE IS
PROVIDED BY STEALTH OR BY EVADING A PHYSICAL BARRIER, OR (II) USING OR
ACCESSING A SERVICE IN A MANNER THAT OTHERWISE REQUIRES PAYMENT OR THE
PRESENTATION OF PERSONAL IDENTIFYING INFORMATION AND USING OR PRESENTING
A FORM OF PAYMENT OR PERSONAL IDENTIFYING INFORMATION THE ACTOR KNOWS HE
OR SHE IS NOT AUTHORIZED TO USE OR KNOWS IS EXPIRED OR FORGED OR OTHER-
WISE NOT VALID.
§ 3. Subdivisions 1 and 2 of section 155.20 of the penal law, para-
graph (b) of subdivision 2 as added and paragraph (c) of subdivision 2
as relettered by chapter 115 of the laws of 1969, are amended to read as
follows:
1. Except as otherwise specified in this section, value means the
market value of the property at the time and place of the crime, or if
such cannot be satisfactorily ascertained: (I) WITH REGARD TO PROPERTY,
the cost of replacement of the property within a reasonable time after
the crime; OR (II) WITH REGARD TO SERVICE, THE COST OF PROVIDING THE
SERVICE AT THE TIME OF THE CRIME.
2. [Whether or not they have been issued or delivered, certain written
instruments, not including those having a readily ascertainable market
value such as some public and corporate bonds and securities, shall be
evaluated as follows:
(a) The value of an instrument constituting an evidence of debt, such
as a check, draft or promissory note, shall be deemed the amount due or
collectable thereon or thereby, such figure ordinarily being the face
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amount of the indebtedness less any portion thereof which has been
satisfied.
(b) The value of a ticket or equivalent instrument which evidences a
right to receive a transportation, entertainment or other service shall
be deemed the price stated thereon, if any; and if no price is stated
thereon the value shall be deemed the price of such ticket or equivalent
instrument which the issuer charges the general public.
(c) The value of any other instrument which creates, releases,
discharges or otherwise affects any valuable legal right, privilege or
obligation shall be deemed the greatest amount of economic loss which
the owner of the instrument might reasonably suffer by virtue of the
loss of the instrument.] THE VALUE OF COMPUTER DATA OR A COMPUTER
PROGRAM IS THE REPLACEMENT COST OR THE MARKET VALUE AT THE TIME AND
PLACE OF THE CRIME, WHICHEVER IS GREATER.
§ 4. The penal law is amended by adding a new section 155.23 to read
as follows:
§ 155.23 PETIT THEFT OF SERVICE.
A PERSON IS GUILTY OF PETIT THEFT OF SERVICE WHEN HE OR SHE STEALS A
SERVICE.
PETIT THEFT OF SERVICE IS A CLASS B MISDEMEANOR.
§ 5. Section 155.25 of the penal law is amended to read as follows:
§ 155.25 Petit larceny.
A person is guilty of petit larceny when he OR SHE:
1. steals property; OR
2. STEALS A SERVICE AND THE VALUE OF THE SERVICE EXCEEDS FIVE HUNDRED
DOLLARS.
Petit larceny is a class A misdemeanor.
§ 6. The opening paragraph and subdivisions 1, 4 and 6 of section
155.30 of the penal law, the opening paragraph and subdivisions 1 and 6
as amended by chapter 515 of the laws of 1986, subdivision 4 as amended
by chapter 556 of the laws of 1987, are amended to read as follows:
A person is guilty of grand larceny in the fourth degree when he OR
SHE steals property OR A SERVICE and when:
1. The value of the property OR A SERVICE exceeds one thousand
dollars; or
4. The property consists of [a credit card or debit card] PERSONAL
IDENTIFYING INFORMATION; or
6. The property OR A SERVICE, regardless of its nature and value, is
obtained by extortion; or
§ 7. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
§ 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she
steals property OR A SERVICE and:
1. when the value of the property OR A SERVICE exceeds three thousand
dollars, or
2. the property is an automated teller machine or the contents of an
automated teller machine, OR
3. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION CONCERNING TWEN-
TY-FIVE OR MORE PERSONS.
Grand larceny in the third degree is a class D felony.
§ 8. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he OR
SHE steals property OR A SERVICE and when:
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1. The value of the property OR A SERVICE exceeds fifty thousand
dollars; or
2. The property OR A SERVICE, regardless of its nature and value, is
obtained by extortion committed by instilling in the victim a fear that
the actor or another person will (a) cause physical injury to some
person in the future, or (b) cause damage to property, or (c) use or
abuse his OR HER position as a public servant by engaging in conduct
within or related to his OR HER official duties, or by failing or refus-
ing to perform an official duty, in such manner as to affect some person
adversely; OR
3. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION CONCERNING ONE
HUNDRED OR MORE PERSONS.
Grand larceny in the second degree is a class C felony.
§ 9. Section 155.42 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when he OR SHE
steals property OR A SERVICE and when:
1. the value of the property exceeds one million dollars; OR
2. THE PROPERTY IS PERSONAL IDENTIFYING INFORMATION CONCERNING ONE
THOUSAND OR MORE PERSONS.
Grand larceny in the first degree is a class B felony.
§ 10. Sections 190.60 and 190.65 of the penal law are REPEALED.
§ 11. The penal law is amended by adding six new sections 190.60,
190.61, 190.62, 190.63, 190.64, and 190.65 to read as follows:
§ 190.60 SCHEME TO DEFRAUD DEFINED.
1. A PERSON ENGAGES IN A SCHEME TO DEFRAUD WHEN HE OR SHE ENGAGES IN A
SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO DEFRAUD AT LEAST ONE PERSON OR TO OBTAIN PROPERTY OR SERVICE FROM AT
LEAST ONE PERSON BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY OR SERVICE FROM AT LEAST ONE PERSON.
2. PROPERTY, SERVICE, COMPUTER DATA AND COMPUTER PROGRAM SHALL HAVE
THE MEANINGS SET FORTH IN SECTION 155.00 OF THIS CHAPTER.
3. IN ANY PROSECUTION OF A SCHEME TO DEFRAUD, IT SHALL BE NECESSARY TO
PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
OBTAINED PROPERTY OR SERVICE, BUT IT SHALL NOT BE NECESSARY TO PROVE THE
IDENTITY OF ANY OTHER INTENDED VICTIM, PROVIDED THAT IN A PROSECUTION OF
A SCHEME TO DEFRAUD PURSUANT TO SUBDIVISION THREE OF SECTION 190.62 OF
THIS ARTICLE, IT SHALL BE NECESSARY TO PROVE THE IDENTITY OF AT LEAST
ONE SUCH VULNERABLE ELDERLY PERSON.
§ 190.61 SCHEME TO DEFRAUD IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIFTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD.
SCHEME TO DEFRAUD IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
§ 190.62 SCHEME TO DEFRAUD IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FOURTH DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TEN OR MORE PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE THOUSAND
DOLLARS; OR
3. INTENDS TO OBTAIN AND DOES OBTAIN PROPERTY OR SERVICE FROM AT LEAST
ONE VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION
260.31 OF THIS CHAPTER.
SCHEME TO DEFRAUD IN THE FOURTH DEGREE IS A CLASS E FELONY.
§ 190.63 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
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A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM TWENTY-FIVE OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS THREE THOU-
SAND DOLLARS.
SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 190.64 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM ONE HUNDRED OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS FIFTY THOU-
SAND DOLLARS.
SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 190.65 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE WHEN HE
OR SHE ENGAGES IN A SCHEME TO DEFRAUD, AND
1. INTENDS TO OBTAIN PROPERTY OR SERVICE FROM ONE THOUSAND OR MORE
PERSONS; OR
2. THE VALUE OF THE PROPERTY OR SERVICE OBTAINED EXCEEDS ONE MILLION
DOLLARS.
SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
§ 12. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.