2010 New York Code
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 190 - (190.00 - 190.86) OTHER FRAUDS
190.65 - Scheme to defraud in the first degree.

§ 190.65 Scheme to defraud in the first degree.
    1.  A person is guilty of a scheme to defraud in the first degree when
  he or she: (a) engages in a scheme  constituting  a  systematic  ongoing
  course  of  conduct  with  intent  to  defraud ten or more persons or to
  obtain property  from  ten  or  more  persons  by  false  or  fraudulent
  pretenses, representations or promises, and so obtains property from one
  or  more  of  such  persons;  or  (b) engages in a scheme constituting a
  systematic ongoing course of conduct with intent to  defraud  more  than
  one  person  or to obtain property from more than one person by false or
  fraudulent  pretenses,  representations  or  promises,  and  so  obtains
  property with a value in excess of one thousand dollars from one or more
  such  persons;  or  (c)  engages  in  a scheme constituting a systematic
  ongoing course of conduct with intent to defraud more than  one  person,
  more  than  one  of  whom  is  a vulnerable elderly person as defined in
  subdivision three of  section  260.30  of  this  chapter  or  to  obtain
  property  from  more  than  one  person,  more  than  one  of  whom is a
  vulnerable elderly person as defined in  subdivision  three  of  section
  260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,
  representations or promises, and so obtains property from  one  or  more
  such persons.
    2.  In  any  prosecution  under this section, it shall be necessary to
  prove the identity of at least one person from  whom  the  defendant  so
  obtained  property,  but it shall not be necessary to prove the identity
  of any other intended victim, provided that  in  any  prosecution  under
  paragraph  (c) of subdivision one of this section, it shall be necessary
  to prove the identity of at least one such vulnerable elderly person  as
  defined in subdivision three of section 260.30 of this chapter.
    Scheme to defraud in the first degree is a class E felony.

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