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LARCENY, ROBBERY & THEFT OFFENSES

NEW YORK PENAL LAW

DEFINITIONS:

NYPL § 155.05 - Larceny; Defined: *

A person steals property and commits larceny when,

1. With intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

Larceny includes:

2. A wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision (1) of this section, committed in any of the following ways:

(a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;

(b) By acquiring lost property.

A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;

(c) By committing the crime of Issuing a Bad Check, as defined in NYPL § 190.05;

(d) By false promise.

A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

...

(e) By extortion.

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

(i) Cause physical injury to some person in the future;  or

(ii) Cause damage to property;  or

(iii) Engage in other conduct constituting a crime;  or

(iv) Accuse some person of a crime or cause criminal charges to be instituted against him;  or

(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or

(vi) Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;  or

(vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or

(viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;  or

(ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

 

CLASS A MISDEMEANORS:

NYPL § 155.25 - Petit Larceny:

A person is guilty of petit larceny when he steals property.

NYPL § 165.05 - Unauthorized Use of a Vehicle in the 3rd Degree: *

A person is guilty of unauthorized use of a vehicle in the 3rd degree when:

1. Knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle.  A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent;  

...

NYPL § 165.15 - Theft of Services: *

A person is guilty of theft of services when:

1. He obtains or attempts to obtain a service, or induces or attempts to induce the supplier of a rendered service to agree to payment therefor on a credit basis, by the use of a credit card or debit card which he knows to be stolen.

2. With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids or attempts to avoid such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false...  or

3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay;  or

4. With intent to avoid payment by himself or another person of the lawful charge for any telecommunications services including, without limitation, cable television service, or any gas, steam, sewer, water, electrical, telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefor by himself or another person...

...

NYPL § 165.40 - Possession of Stolen Property in the 5th Degree:

A person is guilty of criminal possession of stolen property in the 5th degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

NYPL § 165.71 - Trademark Counterfeiting in the 3rd Degree:

A person is guilty of trademark counterfeiting in the 3rd degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods. 

 

CLASS E FELONIES:

NYPL § 155.30 - Grand Larceny in the 4th Degree: *

A person is guilty of grand larceny in the 4th degree when he steals property and when:

1. The value of the property exceeds $1,000;  or

2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;  or

3. The property consists of secret scientific material;  or

4. The property consists of a credit card or debit card;  or

5. The property, regardless of its nature and value, is taken from the person of another;  or

6. The property, regardless of its nature and value, is obtained by extortion;

...

NYPL § 165.45 - Criminal Possession of Stolen Property in the 4th Degree: *

A person is guilty of criminal possession of stolen property in the 4th degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:

1. The value of the property exceeds $1,000;  or

2. The property consists of a credit card, debit card or public benefit card;  or

...

NYPL § 165.72 - Trademark Counterfeiting in the 2nd Degree:

A person is guilty of trademark counterfeiting in the 2nd degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods,and the retail value of all such goods bearing counterfeit trademarks exceeds $1,000. 

 

CLASS D FELONIES:

NYPL § 155.35 - Grand Larceny in the 3rd Degree: 

A person is guilty of grand larceny in the 3rd degree when he or she steals property and:

1. when the value of the property exceeds $3,000, or

2. the property is an automated teller machine (ATM) or the contents of an ATM.

NYPL § 160.05 - Robbery in the 3rd Degree:

A person is guilty of robbery in the 3rd degree when he forcibly steals property.

NYPL § 165.50 - Criminal Possession of Stolen Property in the 3rd Degree:

A person is guilty of criminal possession of stolen property in the 3rd degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds $3,000. 

 

CLASS C FELONIES:

NYPL § 155.40 - Grand Larceny in the 2nd Degree:

A person is guilty of grand larceny in the 2nd degree when he steals property and when:

1. The value of the property exceeds $50,000;  or

2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will

(a) cause physical injury to some person in the future, or

(b) cause damage to property, or

(c) use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

NYPL § 160.10 - Robbery in the 2nd Degree: *

A person is guilty of robbery in the 2nd degree when he forcibly steals property and when:

1. He is aided by another person actually present; or

2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

(a) Causes physical injury to any person who is not a participant in the crime; or

(b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

3. The property consists of a motor vehicle...

NYPL § 165.52 - Criminal Possession of Stolen Property in the 2nd Degree:

A person is guilty of criminal possession of stolen property in the 2nd degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds $50,000. 

NYPL § 165.73 - Trademark Counterfeiting in the 1st Degree:

A person is guilty of trademark counterfeiting in the 1st degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods,and the retail value of all such goods bearing counterfeit trademarks exceeds $100,000.

 

CLASS B FELONIES:

NYPL § 155.42 - Grand Larceny in the 1st Degree:

A person is guilty of grand larceny in the 1st degree when he steals property and when the value of the property exceeds $1,000,000.

NYPL § 160.15 - Robbery in the 1st Degree: *

A person is guilty of robbery in the 1st degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

1. Causes serious physical injury to any person who is not a participant in the crime;  or

2. Is armed with a deadly weapon;  or

3. Uses or threatens the immediate use of a dangerous instrument;  or

4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm...

NYPL § 165.54 - Criminal Possession of Stolen Property in the 1st Degree:

A person is guilty of criminal possession of stolen property in the 2nd degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds $1,000,000. 

 

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*Not verbatim. Click here for link to full text of current law.

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