Assembly Bill A10038

2023-2024 Legislative Session

Establishes the offense of defrauding an elderly person

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10038 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §190.90, Pen L

2023-A10038 (ACTIVE) - Summary

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.

2023-A10038 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10038
 
                           I N  A S S E M B L Y
 
                                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:
 
   Section 1. The penal law is amended by adding a new section 190.90  to
 read as follows:
 § 190.90 DEFRAUDING AN ELDERLY PERSON.
   1.  A  PERSON IS GUILTY OF DEFRAUDING AN ELDERLY PERSON WHEN, WITH THE
 INTENT TO DEFRAUD OR OBTAIN PROPERTY, SUCH PERSON:
   (A) STEALS OR ACCESSES 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; AND
   (B) THE VICTIM IS A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER.
   2.  A VIOLATION OF THIS SECTION MAY BE CHARGED IN ADDITION TO A CHARGE
 OF ANY OTHER OFFENSE UNDER THIS CHAPTER AND ANY SENTENCE IMPOSED  FOR  A
 VIOLATION  OF  THIS SECTION SHALL BE IN ADDITION TO ANY SENTENCE IMPOSED
 FOR ANY OTHER OFFENSE. A  SENTENCE  IMPOSED  FOR  A  VIOLATION  OF  THIS
 SECTION SHALL NOT BE LESS THAN THIRTY DAYS IMPRISONMENT.
   DEFRAUDING AN ELDERLY PERSON IS A CLASS B MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 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

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