A 1246: Criminalizes defrauding a person 65 years of age or older by stealing or accessing without proper permission money, property or benefits by means of a deceptive tactic or the purposeful feeding of misinformation, regardless of the monetary value of the money, property or benefits.

  
  STATE OF NEW YORK ________________________________________________________________________ 1246 2025-2026 Regular Sessions  IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. BEEPHAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to establishing the offense of defrauding an elderly person The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 190.90 to 2 read as follows: 3 § 190.90 Defrauding an elderly person. 4 1. A person is guilty of defrauding an elderly person when, with the 5 intent to defraud or obtain property, such person: 6 (a) steals or accesses without proper permission money, property or 7 benefits by means of a deceptive tactic or the purposeful feeding of 8 misinformation, regardless of the monetary value of the money, property 9 or benefits; and 10 (b) the victim is a person sixty-five years of age or older. 11 2. A violation of this section may be charged in addition to a charge 12 of any other offense under this chapter and any sentence imposed for a 13 violation of this section shall be in addition to any sentence imposed 14 for any other offense. A sentence imposed for a violation of this 15 section shall not be less than thirty days imprisonment. 16 Defrauding an elderly person is a class B misdemeanor. 17 § 2. This act shall take effect on the first of November next succeed- 18 ing the date upon which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03583-01-5