S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3405
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   package theft in the fourth, third, second and first degrees
 
   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 six new sections 165.75,
 165.76, 165.77, 165.78, 165.79 and 165.80 to read as follows:
 § 165.75 PACKAGE THEFT IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF PACKAGE THEFT IN THE  FOURTH  DEGREE  WHEN  SUCH
 PERSON  KNOWINGLY  TAKES A PACKAGE OR PACKAGES WHICH CONTAIN ONE OR MORE
 ITEMS INTENDED FOR ANOTHER PERSON WITH INTENT TO BENEFIT THEMSELF  OR  A
 PERSON OTHER THAN THE INTENDED RECIPIENT OF SUCH PACKAGE OR PACKAGES AND
 THE  COMBINED VALUE OF THE ITEM OR ITEMS WITHIN SUCH PACKAGE OR PACKAGES
 OR THE REPLACEMENT COST OF SUCH ITEM OR ITEMS EXCEEDS ONE DOLLAR.
   PACKAGE THEFT IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
 § 165.76 PACKAGE THEFT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF PACKAGE THEFT IN  THE  THIRD  DEGREE  WHEN  SUCH
 PERSON  KNOWINGLY  TAKES A PACKAGE OR PACKAGES WHICH CONTAIN ONE OR MORE
 ITEMS INTENDED FOR ANOTHER PERSON WITH INTENT TO BENEFIT THEMSELF  OR  A
 PERSON  OTHER  THAN  THE  INTENDED RECIPIENT OF SUCH PACKAGE OR PACKAGES
 AND:
   1. THE COMBINED VALUE OF THE PROPERTY WITHIN SUCH PACKAGE OR  PACKAGES
 OR THE REPLACEMENT COST OF SUCH PROPERTY EXCEEDS TWENTY-FIVE DOLLARS;
   2. TWO OR MORE PACKAGES ARE TAKEN; OR
   3.  A  PERSON  HAS  PREVIOUSLY  BEEN  CONVICTED OF PACKAGE THEFT UNDER
 SECTION 165.75 OF THIS ARTICLE.
   PACKAGE THEFT IN THE THIRD DEGREE IS A CLASS E FELONY.
 § 165.77 PACKAGE THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF PACKAGE THEFT IN THE  SECOND  DEGREE  WHEN  SUCH
 PERSON  KNOWINGLY  TAKES A PACKAGE OR PACKAGES WHICH CONTAIN ONE OR MORE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06924-01-5
              

 A. 3405                             2
 
 ITEMS INTENDED FOR ANOTHER PERSON WITH INTENT TO BENEFIT THEMSELF  OR  A
 PERSON  OTHER  THAN  THE INTENDED RECIPIENT AND SUCH PACKAGE OR PACKAGES
 CONTAIN MEDICINE, A MEDICAL DEVICE OR DEVICES, OR  PARTS  OF  A  MEDICAL
 DEVICE  OR  DEVICES  WHICH  WERE PRESCRIBED TO THE INTENDED RECIPIENT, A
 PERSON WITHIN THE INTENDED RECIPIENT'S HOUSEHOLD, OR A PERSON WITHIN THE
 INTENDED RECIPIENT'S FAMILY OR CARE.
   PACKAGE THEFT IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 165.78 PACKAGE THEFT IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF PACKAGE THEFT IN THE FIRST DEGREE  WHEN  SUCH
 PERSON  KNOWINGLY  TAKES A PACKAGE OR PACKAGES WHICH CONTAIN ONE OR MORE
 ITEMS INTENDED FOR ANOTHER PERSON WITH INTENT TO BENEFIT THEMSELF  OR  A
 PERSON OTHER THAN THE INTENDED RECIPIENT AND:
   (A)  SUCH  PACKAGE  OR  PACKAGES CONTAIN MEDICINE, A MEDICAL DEVICE OR
 DEVICES OR PARTS OF A MEDICAL DEVICE OR DEVICES WHICH WERE PRESCRIBED TO
 THE INTENDED RECIPIENT, A PERSON WITHIN THE INTENDED RECIPIENT'S  HOUSE-
 HOLD, OR A PERSON WITHIN THE INTENDED RECIPIENT'S FAMILY OR CARE;
   (B)  THE  OUTSIDE AREA OF SUCH PACKAGE OR PACKAGES CLEARLY BEAR WORDS,
 MARKINGS, OR SYMBOLS INDICATING THAT SUCH PACKAGE  OR  PACKAGES  CONTAIN
 MEDICINE,  A  MEDICAL  DEVICE OR DEVICES OR PARTS OF A MEDICAL DEVICE OR
 DEVICES; AND
   (C) THE INTENDED RECIPIENT, A PERSON WITHIN THE  INTENDED  RECIPIENT'S
 HOUSEHOLD,  OR  A  PERSON WITHIN THE INTENDED RECIPIENT'S FAMILY OR CARE
 SUFFERS A SERIOUS ADVERSE HEALTH CONDITION AS A RESULT OF THEIR INABILI-
 TY TO ACCESS SUCH MEDICATION, MEDICAL  DEVICE  OR  MEDICAL  DEVICES,  OR
 PARTS OF A MEDICAL DEVICE OR DEVICES.
   2.  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "SERIOUS ADVERSE HEALTH
 CONDITION" SHALL MEAN ANY CONDITION SUFFERED BY A PERSON WHICH:
   (A) SUBSTANTIALLY PROLONGS SUCH PERSON'S POTENTIAL OR EXISTING  HEALTH
 CONDITION;
   (B) CAUSES SUCH PERSON TO LOSE A LIMB OR ORGAN;
   (C)  CAUSES  SUCH  PERSON  TO PERMANENTLY OR FOR A PROLONGED PERIOD OF
 TIME LOSE OR HAVE LIMITED A BODILY FUNCTION;
   (D) SEVERELY DEGRADES SUCH PERSON'S QUALITY OF LIFE  FOR  A  PROLONGED
 PERIOD OF TIME;
   (E) SHORTENS THE LENGTH OF SUCH PERSON'S LIFE;
   (F) CAUSES INCAPACITATION OF SUCH PERSON; OR
   (G) CAUSES THE DEATH OF SUCH PERSON.
   PACKAGE THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 165.79 PACKAGE THEFT; NO DEFENSE.
   1.  IN  ANY  PROSECUTION  FOR  PACKAGE THEFT IN THE FOURTH, THIRD, AND
 SECOND DEGREE, IT IS NOT A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE WAS UNAWARE OF THE CONTENTS WITHIN
 THE PACKAGE OR PACKAGES; OR
   (B) THE PERSON WHO TOOK THE PACKAGE ABANDONED, DESTROYED, OR OTHERWISE
 RELINQUISHED POSSESSION OF THE PACKAGE TO A THIRD PARTY OTHER  THAN  THE
 INTENDED RECIPIENT AFTER IT WAS TAKEN.
   2.  IN  ADDITION  TO  THE DEFENSES PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION IN ANY PROSECUTION FOR PACKAGE THEFT IN THE FIRST DEGREE, IT  IS
 NOT A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE DID NOT INTEND TO CAUSE OR FORESEE
 THE SERIOUS ADVERSE HEALTH CONDITION OF THE INTENDED RECIPIENT;
   (B) THE PERSON WHO TOOK THE PACKAGE BELIEVED THAT THE INTENDED RECIPI-
 ENT  WOULD  NOT SUFFER A SERIOUS ADVERSE HEALTH CONDITION AS A RESULT OF
 THE THEFT;
   (C) THE PERSON WHO TOOK THE PACKAGE DID NOT SEE THE  WORDS,  MARKINGS,
 OR  SYMBOLS INDICATING THAT THE PACKAGE CONTAINED PRESCRIPTION MEDICINE,
 A. 3405                             3
 
 A MEDICAL DEVICE OR DEVICES OR PARTS OF A MEDICAL DEVICE OR DEVICES AS A
 RESULT OF THE WORDS, MARKINGS, OR SYMBOLS BEING BLOCKED OR COVERED AS  A
 RESULT OF THE PACKAGE'S POSITION OR ORIENTATION; OR
   (D)  THE  PERSON  WHO  TOOK  THE  PACKAGE INTENDED ONLY TO TEMPORARILY
 POSSESS OR USE THE CONTENTS OF THE PACKAGE, WITHOUT INTENDING TO  PERMA-
 NENTLY DEPRIVE THE OWNER OF IT.
 § 165.80 PACKAGE THEFT; DEFENSES.
   1.  NOTWITHSTANDING  ANY  OTHER  DEFENSES  PROVIDED FOR IN LAW, IN ANY
 PROSECUTION FOR PACKAGE THEFT IN THE FOURTH, THIRD, AND  SECOND  DEGREE,
 IT SHALL BE A DEFENSE THAT:
   (A) THE PERSON WHO TOOK THE PACKAGE GENUINELY BELIEVED THE PACKAGE WAS
 THEIRS OR INTENDED FOR THEM;
   (B)  THE PERSON WHO TOOK THE PACKAGE GENUINELY BELIEVED THAT THEY WERE
 AUTHORIZED OR HAD THE CONSENT OF THE OWNER TO TAKE THE PACKAGE; OR
   (C) THERE WAS A GENUINE DISPUTE OVER THE OWNERSHIP OF THE CONTENTS  OF
 THE PACKAGE.
   2.  IN  ADDITION  TO  THE  DEFENSE PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION, IN ANY PROSECUTION FOR PACKAGE THEFT IN THE  FIRST  DEGREE,  IT
 SHALL  BE A DEFENSE THAT THE WORDS, MARKINGS, OR SYMBOLS INDICATING THAT
 THE PACKAGE CONTAINED PRESCRIPTION MEDICINE, A MEDICAL DEVICE OR DEVICES
 OR PARTS OF A MEDICAL DEVICE OR DEVICES WAS  OBSCURED  AS  A  RESULT  OF
 DAMAGE  TO  THE  PACKAGE OR THE IMPROPER PLACEMENT OF SHIPPING MATERIALS
 COMPLETELY OBSCURING THE WORDS, MARKINGS, OR SYMBOLS DONE  BY  THE  MAIL
 CARRIER  OR  THE  MANUFACTURER  OR  DISTRIBUTOR OF THE MEDICINE, MEDICAL
 DEVICE OR DEVICES OR PARTS OF THE MEDICAL DEVICE OR DEVICES.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.