BILL NUMBER: S7307
SPONSOR: CLEARE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the penal law to increase the penalties for larceny and fraudu-
lent accosting when the victim is 65 years or older.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends section 155.30 of the penal law to include larceny valued at over
$250 when the victim is 65 years or older. Also creates a new section
165.32 of the penal law which provides for a new crime of fraudulent
accosting in the first degree when a person of 65 years or older is the
victim of a confidence game. The new crimes are both classified as Class
E felonies.
 
JUSTIFICATION:
Fraudulent actors often prey on older citizens, targeting them through
complex fraudulent schemes. Elderly persons may also be less able to
overcome the financial damage that such victimization brings. Current-
ly, in order for an incident to meet the requirements of grand larceny,
a Class E felony, the value of the property taken must exceed one thou-
sand dollars. When the value is under one thousand dollars, the defend-
ant is only charged with a misdemeanor, even when they target vulnerable
individuals. The penalties should be harsher when a vulnerable person is
targeted. It is important to note that age has become a protected class
in our states constitution with the passage of Proposition 1 in 2024.
This law would establish a new degree of fraudulent accosting when the
victim is 65 years or older, and designates it as a Class E felony.
 
PRIOR LEGISLATIVE HISTORY:
A1086 of 2023-24- Referred to Codes
A199 of A186 of 2021-22 - Referred to Codes
A186 of 2019-20 - Referred to Codes
A.1311 of 2017-18 - Referred to Codes
A.1498 of 2015-2016 - Referred to Codes
A.1884 of 2013-2014 - Referred to Codes

Statutes affected:
S7307: 155.30 penal law, 165.30 penal law