STATE OF NEW YORK ________________________________________________________________________ 3405 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The penal law is amended by adding six new sections 165.75, 2 165.76, 165.77, 165.78, 165.79 and 165.80 to read as follows: 3 § 165.75 Package theft in the fourth degree. 4 A person is guilty of package theft in the fourth degree when such 5 person knowingly takes a package or packages which contain one or more 6 items intended for another person with intent to benefit themself or a 7 person other than the intended recipient of such package or packages and 8 the combined value of the item or items within such package or packages 9 or the replacement cost of such item or items exceeds one dollar. 10 Package theft in the fourth degree is a class A misdemeanor. 11 § 165.76 Package theft in the third degree. 12 A person is guilty of package theft in the third degree when such 13 person knowingly takes a package or packages which contain one or more 14 items intended for another person with intent to benefit themself or a 15 person other than the intended recipient of such package or packages 16 and: 17 1. the combined value of the property within such package or packages 18 or the replacement cost of such property exceeds twenty-five dollars; 19 2. two or more packages are taken; or 20 3. a person has previously been convicted of package theft under 21 section 165.75 of this article. 22 Package theft in the third degree is a class E felony. 23 § 165.77 Package theft in the second degree. 24 A person is guilty of package theft in the second degree when such 25 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 1 items intended for another person with intent to benefit themself or a 2 person other than the intended recipient and such package or packages 3 contain medicine, a medical device or devices, or parts of a medical 4 device or devices which were prescribed to the intended recipient, a 5 person within the intended recipient's household, or a person within the 6 intended recipient's family or care. 7 Package theft in the second degree is a class D felony. 8 § 165.78 Package theft in the first degree. 9 1. A person is guilty of package theft in the first degree when such 10 person knowingly takes a package or packages which contain one or more 11 items intended for another person with intent to benefit themself or a 12 person other than the intended recipient and: 13 (a) such package or packages contain medicine, a medical device or 14 devices or parts of a medical device or devices which were prescribed to 15 the intended recipient, a person within the intended recipient's house- 16 hold, or a person within the intended recipient's family or care; 17 (b) the outside area of such package or packages clearly bear words, 18 markings, or symbols indicating that such package or packages contain 19 medicine, a medical device or devices or parts of a medical device or 20 devices; and 21 (c) the intended recipient, a person within the intended recipient's 22 household, or a person within the intended recipient's family or care 23 suffers a serious adverse health condition as a result of their inabili- 24 ty to access such medication, medical device or medical devices, or 25 parts of a medical device or devices. 26 2. For purposes of this section, the term "serious adverse health 27 condition" shall mean any condition suffered by a person which: 28 (a) substantially prolongs such person's potential or existing health 29 condition; 30 (b) causes such person to lose a limb or organ; 31 (c) causes such person to permanently or for a prolonged period of 32 time lose or have limited a bodily function; 33 (d) severely degrades such person's quality of life for a prolonged 34 period of time; 35 (e) shortens the length of such person's life; 36 (f) causes incapacitation of such person; or 37 (g) causes the death of such person. 38 Package theft in the first degree is a class B felony. 39 § 165.79 Package theft; no defense. 40 1. In any prosecution for package theft in the fourth, third, and 41 second degree, it is not a defense that: 42 (a) the person who took the package was unaware of the contents within 43 the package or packages; or 44 (b) the person who took the package abandoned, destroyed, or otherwise 45 relinquished possession of the package to a third party other than the 46 intended recipient after it was taken. 47 2. In addition to the defenses provided in subdivision one of this 48 section in any prosecution for package theft in the first degree, it is 49 not a defense that: 50 (a) the person who took the package did not intend to cause or foresee 51 the serious adverse health condition of the intended recipient; 52 (b) the person who took the package believed that the intended recipi- 53 ent would not suffer a serious adverse health condition as a result of 54 the theft; 55 (c) the person who took the package did not see the words, markings, 56 or symbols indicating that the package contained prescription medicine,
A. 3405 3 1 a medical device or devices or parts of a medical device or devices as a 2 result of the words, markings, or symbols being blocked or covered as a 3 result of the package's position or orientation; or 4 (d) the person who took the package intended only to temporarily 5 possess or use the contents of the package, without intending to perma- 6 nently deprive the owner of it. 7 § 165.80 Package theft; defenses. 8 1. Notwithstanding any other defenses provided for in law, in any 9 prosecution for package theft in the fourth, third, and second degree, 10 it shall be a defense that: 11 (a) the person who took the package genuinely believed the package was 12 theirs or intended for them; 13 (b) the person who took the package genuinely believed that they were 14 authorized or had the consent of the owner to take the package; or 15 (c) there was a genuine dispute over the ownership of the contents of 16 the package. 17 2. In addition to the defense provided in subdivision one of this 18 section, in any prosecution for package theft in the first degree, it 19 shall be a defense that the words, markings, or symbols indicating that 20 the package contained prescription medicine, a medical device or devices 21 or parts of a medical device or devices was obscured as a result of 22 damage to the package or the improper placement of shipping materials 23 completely obscuring the words, markings, or symbols done by the mail 24 carrier or the manufacturer or distributor of the medicine, medical 25 device or devices or parts of the medical device or devices. 26 § 2. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall have become a law.