ELDER FRAUD

LAWS OF NEW YORK, 2008
CHAPTER 291

AN ACT to amend the penal law, in relation to establishing penalties for defrauding elderly persons

Became a law July 21, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 190.65 of the penal law, as added by chapter 384 of
the laws of 1976, subdivision 1 as amended by chapter 515 of the laws of
1986, is amended to read as follows:
§ 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 prop-
erty with a value in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic ongo-
ing course of conduct with intent to defraud more than one person, more
than one of whom is a vulnerable elderly person as defined in subdivi-
sion 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 chap-
ter, 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.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly