STATE OF NEW YORK ________________________________________________________________________ 7307 2025-2026 Regular Sessions IN SENATE April 9, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to theft of property from a senior citizen and creating the class E felony of fraudulent accosting in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 155.30 of the penal law is amended by adding a new 2 subdivision 13 to read as follows: 3 13. The value of the property exceeds two hundred fifty dollars and is 4 taken from a person who is sixty-five years of age or older. 5 § 2. Section 165.30 of the penal law, as amended by chapter 772 of the 6 laws of 1971, is amended to read as follows: 7 § 165.30 Fraudulent accosting in the second degree. 8 1. A person is guilty of fraudulent accosting in the second degree 9 when [he] such person accosts [a] another person in a public place with 10 intent to defraud [him] such other person of money or other property by 11 means of a trick, swindle or confidence game. 12 2. A person who, either at the time [he] such person accosts another 13 in a public place or at some subsequent time or at some other place, 14 makes statements to [him] such other person or engages in conduct with 15 respect to [him] such other person of a kind commonly made or performed 16 in the perpetration of a known type of confidence game, is presumed to 17 intend to defraud such other person of money or other property. 18 Fraudulent accosting in the second degree is a class A misdemeanor. 19 § 3. The penal law is amended by adding a new section 165.31 to read 20 as follows: 21 § 165.31 Fraudulent accosting in the first degree. 22 1. A person is guilty of fraudulent accosting in the first degree when 23 such person accosts another person, who is sixty-five years of age or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09940-01-5
S. 7307 2 1 older, in a public place with intent to defraud such other person of 2 money or other property by means of a trick, swindle or confidence game. 3 2. A person who, either at the time such person accosts another in a 4 public place or at some subsequent time or at some other place, makes 5 statements to such other person or engages in conduct with respect to 6 such other person of a kind commonly made or performed in the perpe- 7 tration of a known type of confidence game, is presumed to intend to 8 defraud such other person of money or other property. 9 Fraudulent accosting in the first degree is a class E felony. 10 § 4. This act shall take effect on the first of November next succeed- 11 ing the date on which it shall have become a law.