STATE OF NEW YORK ________________________________________________________________________ 5366 2025-2026 Regular Sessions IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the general business law and the labor law, in relation to schemes to defraud and establishing the crime of harassment of a legal services client; and to repeal certain provisions of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that fraudulent 2 schemes and unethical practices, particularly by legal professionals 3 entrusted with significant responsibilities, undermine public trust and 4 harm clients. This act aims to strengthen protections against such 5 conduct, ensure accountability, and uphold fairness and transparency in 6 legal services and professional interactions. 7 § 2. Sections 190.60 and 190.65 of the penal law are REPEALED and five 8 new sections 190.60, 190.62, 190.64, 190.66 and 190.68 are added to read 9 as follows: 10 § 190.60 Scheme to defraud in the fifth degree. 11 A person is guilty of scheme to defraud in the fifth degree when they 12 engage in a systematic, ongoing course of conduct with intent to defraud 13 more than one person or to obtain property from more than one person by 14 false pretenses, representations, or promises, and so obtain property 15 from one or more such persons. 16 Scheme to defraud in the fifth degree is a class A misdemeanor. 17 § 190.62 Scheme to defraud in the fourth degree. 18 A person is guilty of scheme to defraud in the fourth degree when 19 they: 20 1. Engage in such conduct with intent to defraud ten or more persons; 21 or 22 2. Obtain property exceeding one thousand dollars in value; or 23 3. Defraud individuals, including two or more vulnerable elderly 24 persons; or 25 4. Dispose of solid waste on the property of others, causing damage 26 exceeding one thousand dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08472-01-5
A. 5366 2 1 Scheme to defraud in the fourth degree is a class E felony. 2 § 190.64 Scheme to defraud in the third degree. 3 A person is guilty of scheme to defraud in the third degree when they: 4 1. Engage in such conduct with intent to defraud twenty-five or more 5 persons; or 6 2. Obtain property exceeding three thousand dollars in value; or 7 3. Defraud individuals, including two or more vulnerable elderly 8 persons, obtaining property exceeding one thousand dollars in value. 9 Scheme to defraud in the third degree is a class D felony. 10 § 190.66 Scheme to defraud in the second degree. 11 A person is guilty of scheme to defraud in the second degree when 12 they: 13 1. Engage in such conduct with intent to defraud one hundred or more 14 persons; or 15 2. Obtain property exceeding fifty thousand dollars in value; or 16 3. Defraud individuals, including two or more vulnerable elderly 17 persons, obtaining property exceeding three thousand dollars in value. 18 Scheme to defraud in the second degree is a class C felony. 19 § 190.68 Scheme to defraud in the first degree. 20 A person is guilty of scheme to defraud in the first degree when they: 21 1. Engage in such conduct with intent to defraud one thousand or more 22 persons; or 23 2. Obtain property exceeding one million dollars in value; or 24 3. Defraud individuals, including two or more vulnerable elderly 25 persons, obtaining property exceeding fifty thousand dollars in value. 26 Scheme to defraud in the first degree is a class B felony. 27 § 3. Subdivision 2 of section 496.06 of the penal law, as added by 28 section 14 of subpart A of part H of chapter 55 of the laws of 2014, is 29 amended to read as follows: 30 2. A "specified offense" is an offense defined by any of the following 31 provisions of this chapter: section 155.25 (petit larceny); section 32 155.30 (grand larceny in the fourth degree); section 155.35 (grand 33 larceny in the third degree); section 155.40 (grand larceny in the 34 second degree); section 155.42 (grand larceny in the first degree); 35 section 190.60 (scheme to defraud in the [second] fifth degree); section 36 190.62 (scheme to defraud in the fourth degree); section 190.64 (scheme 37 to defraud in the third degree); section 190.66 (scheme to defraud in 38 the second degree); or section [190.65] 190.68 (scheme to defraud in the 39 first degree). 40 § 4. Paragraph f of subdivision 1 of section 410 of the general busi- 41 ness law, as amended by chapter 189 of the laws of 2018, is amended to 42 read as follows: 43 f. Conviction of any of the following crimes subsequent to the issu- 44 ance of a license or registration pursuant to this article: fraud pursu- 45 ant to sections 170.10, 170.15, 176.15, 176.20, 176.25, 176.30, 190.62, 46 190.64, 190.66 and [190.65] 190.68; falsifying business records pursuant 47 to section 175.10; grand larceny pursuant to article 155; bribery pursu- 48 ant to sections 180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 49 200.10, 200.11, 200.12, 200.45, 200.50; perjury pursuant to sections 50 210.10, 210.15, 210.40; assault pursuant to sections 120.05, 120.10, 51 120.11, 120.12; robbery pursuant to article 160; homicide pursuant to 52 sections 125.25 and 125.27; manslaughter pursuant to sections 125.15 and 53 125.20; kidnapping and unlawful imprisonment pursuant to sections 54 135.10, 135.20 and 135.25; unlawful weapons possession pursuant to 55 sections 265.02, 265.03 and 265.04; criminal use of a weapon pursuant to 56 sections 265.08 and 265.09; criminal sale of a weapon pursuant to
A. 5366 3 1 sections 265.11 and 265.12; compelling prostitution pursuant to section 2 230.33; sex trafficking pursuant to section 230.34; sex trafficking of a 3 child pursuant to section 230.34-a; and sex offenses pursuant to article 4 130 of the penal law. Provided, however, that for the purposes of this 5 article, none of the following shall be considered criminal convictions 6 or reported as such: (i) a conviction for which an executive pardon has 7 been issued pursuant to the executive law; (ii) a conviction which has 8 been vacated and replaced by a youthful offender finding pursuant to 9 article seven hundred twenty of the criminal procedure law, or the 10 applicable provisions of law of any other jurisdiction; or (iii) a 11 conviction the records of which have been expunged or sealed pursuant to 12 the applicable provisions of the laws of this state or of any other 13 jurisdiction; and (iv) a conviction for which other evidence of success- 14 ful rehabilitation to remove the disability has been issued. 15 § 5. Clause (ii) of subparagraph 2 of paragraph b of subdivision 3 of 16 section 220-b of the labor law, as amended by chapter 7 of the laws of 17 2008, is amended to read as follows: 18 (ii) coercion in the first degree as defined in section 135.65 of the 19 penal law, grand larceny in the fourth degree as defined in section 20 155.30 of the penal law, grand larceny in the third degree as defined in 21 section 155.35 of the penal law, grand larceny in the second degree as 22 defined in section 155.40 of the penal law, grand larceny in the first 23 degree as defined in section 155.42 of the penal law, forgery in the 24 second degree as defined in section 170.10 of the penal law, forgery in 25 the first degree as defined in section 170.15 of the penal law, criminal 26 possession of a forged instrument in the second degree as defined in 27 section 170.25 of the penal law, criminal possession of a forged instru- 28 ment in the first degree as defined in section 170.30 of the penal law, 29 criminal possession of forgery devices as defined in section 170.40 of 30 the penal law, falsifying business records in the first degree as 31 defined in section 175.10 of the penal law, tampering with public 32 records in the first degree as defined in section 175.25 of the penal 33 law, offering a false instrument for filing in the first degree as 34 defined in section 175.35 of the penal law, issuing a false certificate 35 as defined in section 175.40 of the penal law, insurance fraud in the 36 fourth degree as defined in section 176.15 of the penal law, insurance 37 fraud in the third degree as defined in section 176.20 of the penal law, 38 insurance fraud in the second degree as defined in section 176.25 of the 39 penal law, insurance fraud in the first degree as defined in section 40 176.30 of the penal law, aggravated insurance fraud as defined in 41 section 176.35 of the penal law, commercial bribing in the first degree 42 as defined in section 180.03 of the penal law, commercial bribe receiv- 43 ing in the first degree as defined in section 180.08 of the penal law, 44 bribing a labor official as defined in section 180.15 of the penal law, 45 bribe receiving by a labor official as defined in section 180.25 of the 46 penal law, criminal impersonation in the second degree as defined in 47 section 190.25 of the penal law, criminal impersonation in the first 48 degree as defined in section 190.26 of the penal law, criminal usury in 49 the second degree as defined in section 190.40 of the penal law, crimi- 50 nal usury in the first degree as defined in section 190.42 of the penal 51 law, scheme to defraud in the first degree as defined in section 52 [190.65] 190.68 of the penal law, bribery in the third degree as defined 53 in section 200.00 of the penal law, bribery in the second degree as 54 defined in section 200.03 of the penal law, bribery in the first degree 55 as defined in section 200.04 of the penal law, bribe receiving in the 56 third degree as defined in section 200.10 of the penal law, bribe
A. 5366 4 1 receiving in the second degree as defined in section 200.11 of the penal 2 law, bribe receiving in the first degree as defined in section 200.12 of 3 the penal law, rewarding official misconduct in the second degree as 4 defined in section 200.20 of the penal law, rewarding official miscon- 5 duct in the first degree as defined in section 200.22 of the penal law, 6 bribe giving for public office as defined in section 200.45 of the penal 7 law, or the attempted commission of any of the offenses set forth in 8 this paragraph, provided that such offense constitutes a felony; or 9 § 6. Paragraph (a) of subdivision 1 of section 460.10 of the penal 10 law, as amended by chapter 134 of the laws of 2019, is amended to read 11 as follows: 12 (a) Any of the felonies set forth in this chapter: sections 120.05, 13 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- 14 ing to strangulation; sections 125.10 to 125.27 relating to homicide; 15 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 16 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to 17 labor trafficking; section 135.65 relating to coercion; sections 140.20, 18 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 19 145.12 relating to criminal mischief; article one hundred fifty relating 20 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand 21 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health 22 care fraud; article one hundred sixty relating to robbery; sections 23 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of 24 stolen property; sections 165.72 and 165.73 relating to trademark coun- 25 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 26 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 27 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 28 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating 29 to criminal diversion of prescription medications and prescriptions; 30 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 31 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 32 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 33 187.20 and 187.25 relating to residential mortgage fraud, sections 34 190.40 and 190.42 relating to criminal usury; [section 190.65] sections 35 190.62, 190.64, 190.66 and 190.68 relating to schemes to defraud; any 36 felony defined in article four hundred ninety-six; sections 205.60 and 37 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 38 215.51 relating to perjury and contempt; section 215.40 relating to 39 tampering with physical evidence; sections 220.06, 220.09, 220.16, 40 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 41 220.60, 220.65 and 220.77 relating to controlled substances; sections 42 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 43 230.32 relating to promoting prostitution; section 230.34 relating to 44 sex trafficking; section 230.34-a relating to sex trafficking of a 45 child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; 46 sections 263.10 and 263.15 relating to promoting a sexual performance by 47 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the 48 provisions of section 265.10 which constitute a felony relating to 49 firearms and other dangerous weapons; sections 265.14 and 265.16 relat- 50 ing to criminal sale of a firearm; section 265.50 relating to the crimi- 51 nal manufacture, sale or transport of an undetectable firearm, rifle or 52 shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor- 53 ized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating 54 to money laundering; or 55 § 7. Paragraph (d) of subdivision 2 of section 155.05 of the penal law 56 is amended to read as follows:
A. 5366 5 1 (d) By false promise. 2 (i) A person obtains property by false promise when, pursuant to a 3 scheme to defraud, [he] such person obtains property of another by means 4 of a representation, express or implied, that [he] such person or a 5 third person will [in the future] engage in [particular] future conduct, 6 [and when he does not intend to engage in such conduct or, as the case 7 may be, does not believe that the third person intends] while intending 8 not to engage in such conduct. 9 [In any prosecution for larceny based upon a false promise, the 10 defendant's intention or belief that the promise would not be performed 11 may not be established by or inferred from the fact alone that such 12 promise was not performed. Such a finding may be based only upon 13 evidence establishing that the facts and circumstances of the case are 14 wholly consistent with guilty intent or belief and wholly inconsistent 15 with innocent intent or belief, and excluding to a moral certainty every 16 hypothesis except that of the defendant's intention or belief that the 17 promise would not be performed;] 18 (ii) In cases involving lawyers obtaining property from multiple 19 clients, property obtained from multiple clients across counties may be 20 aggregated into a single larceny count. 21 (iii) The defendant's intention not to perform the promise must be 22 proven by evidence wholly consistent with guilty intent and excluding 23 all innocent explanations. 24 § 8. Title N of the penal law is amended by adding a new article 243 25 to read as follows: 26 ARTICLE 243 27 HARASSMENT OF LEGAL SERVICES CLIENTS 28 Section 243.00 Harassment of a legal services client in the second 29 degree. 30 243.05 Harassment of a legal services client in the first 31 degree. 32 § 243.00 Harassment of a legal services client in the second degree. 33 A lawyer is guilty of harassment of a legal services client in the 34 second degree when, with intent to induce a client to retain services or 35 pay unreasonable fees, such lawyer intentionally: 36 1. Fails to return the client's documents upon request; or 37 2. Fails to return unused funds from a retainer upon request. 38 Harassment of a legal services client in the second degree is a class 39 A misdemeanor. 40 § 243.05 Harassment of a legal services client in the first degree. 41 A lawyer is guilty of harassment of a legal services client in the 42 first degree when, with intent to induce a client to retain services or 43 pay unreasonable fees, such lawyer threatens, expressly or impliedly, to 44 reveal confidential information, including but not limited to the 45 client's immigration status. 46 Harassment of a legal services client in the first degree is a class E 47 felony. 48 § 9. Severability. If any clause, sentence, paragraph, section or part 49 of this act shall be adjudged by any court of competent jurisdiction to 50 be invalid and after exhaustion of all further judicial review, the 51 judgment shall not affect, impair or invalidate the remainder thereof, 52 but shall be confined in its operation to the clause, sentence, para- 53 graph, section or part of this act directly involved in the controversy 54 in which the judgment shall have been rendered. 55 § 10. This act shall take effect on the first of January next succeed- 56 ing the date on which it shall have become a law.