Oneida Indian Nation (New York) Codes and Rules
Last amended: 2004
PENAL CODE - CHAPTER 4E-G
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E. OFFENSES INVOLVING DAMAGES TO AND INTRUSION UPON PROPERTY
487. CRIMINAL TRESPASS AND BURGLARY; DEFINITIONS OF TERMS
The following definitions are applicable to this chapter:
1. "Premises" includes the term "building," as defined herein, and any real property .
2. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an enclosed motor truck, or an enclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.
3. "Dwelling" means a building which is usually occupied by a person lodging therein at night.
4. "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise.
5. "Enter or remain unlawfully." A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.
488. TRESPASS
A Native American is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Trespass is a violation.
489. CRIMINAL TRESPASS IN THE THIRD DEGREE
A Native American is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property
a. which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
b. where the building is utilized as an elementary or secondary school in violation of conspicuously posted rules or regulations governing entry and use thereof; or
c. where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
Criminal trespass in the third degree is a class B misdemeanor.
490. CRIMINAL TRESPASS IN THE SECOND DEGREE
A Native American is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.
491. CRIMINAL TRESPASS IN THE FIRST DEGREE
A Native American is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:
1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.
Criminal trespass in the first degree is a class D felony.
492. BURGLARY IN THE THIRD DEGREE
A Native American is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.
Burglary in the third degree is a class D felony.
493. BURGLARY IN THE SECOND DEGREE
A Native American is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:
1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
A. Is armed with explosives or a deadly weapon; or
B. Causes physical injury to any person who is not a participant in the crime; or
C. Uses or threatens the immediate use of a dangerous instrument; or
D. Displays what appears to be a pistol, revolver, rifle, shotgun, machine or gun or other firearm
2. The building is a dwelling.
Burglary in the second degree is a class C felony.
494. BURGLARY IN THE FIRST DEGREE
A Native American is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:
1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to any person who is not a participant in the crime; 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; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.
Burglary in the first degree is a class B felony.
495. POSSESSION OF BURGLAR'S TOOLS
A Native American is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services Under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
Possession of burglar's tools is a class A misdemeanor.
496. UNLAWFUL POSSESSION OF RADIO DEVICES
As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission. A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, or larceny.
Unlawful possession of a radio device is a class B misdemeanor.
497. CRIMINAL MISCHIEF IN THE FOURTH DEGREE
A Native American is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of a n abandoned building; or
3. Recklessly damages property of another person in a n amount exceeding two hundred- fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
498. CRIMINAL MISCHIEF IN THE THIRD DEGREE
A Native American is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
499. CRIMINAL MISCHIEF IN THE SECOND DEGREE
A Native American is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.
Criminal mischief in the second degree is a class D felony.
500. CRIMINAL MISCHIEF IN THE FIRST DEGREE
A Native American is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
501. CRIMINAL TAMPERING IN THE THIRD DEGREE
A Native American is guilty of criminal tampering in the third degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers with property of another person with intent to cause substantial inconvenience to such person or to a third person.
Criminal tampering in the third degree is a class B misdemeanor.
502. CRIMINAL TAMPERING IN THE SECOND DEGREE
A Native American is guilty of criminal tampering in the second degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers or makes connection with property of a gas, electric, sewer, steam or water-works corporation, telephone or telegraph corporation, common carrier, or public utility operated by a municipality or district; except that in any prosecution under this section, it is an affirmative defense that the defendant did not engage in such conduct for a larcenous or otherwise unlawful or wrongful purpose.
Criminal tampering in the second degree is a class A misdemeanor.
503. CRIMINAL TAMPERING IN THE FIRST DEGREE
A Native American is guilty of criminal tampering in the first degree when, with intent to cause a substantial interruption or impairment of a service rendered to the public, and having no right to do so nor any reasonable ground to believe that he has such right, he damages or tampers with property of a gas, electric, sewer, steam or waterworks corporation, telephone or telegraph corporation, common carrier, or public utility operated by a municipality or district, and thereby causes such substantial interruption or impairment of service.
Criminal tampering in the first degree is a class D felony.
504. RECKLESS ENDANGERMENT OF PROPERTY
A Native American is guilty of reckless endangerment of property when he recklessly engages in conduct which creates a substantial risk of damage to the property of another person in an amount exceeding two hundred fifty dollars.
Reckless endangerment of property is a class B misdemeanor.
505. UNLAWFULLY POSTING ADVERTISEMENTS
1. A Native American is guilty of unlawfully posting advertisements when, having no right to do so nor any reasonable ground to believe that he has such right, he posts, paints or otherwise affixes to the property of another person any advertisement, poster, notice or other matter designed to benefit a person other than the owner of the property.
2. Where such matter consists of a commercial advertisement, it shall be presumed that the vendor of the specified product, service or entertainment is a person who placed such advertisement or caused it to be placed upon the property.
Unlawfully posting advertisements is a violation.
506. TAMPERING WITH A CONSUMER PRODUCT; CONSUMER PRODUCT DEFINED
For the purposes of sections 507 and 508 of this chapter, "consumer product" means any drug, food, beverage or thing which is displayed or offered for sale to the public, for administration into or ingestion by a human being or for application to any external surface of a human being.
507. TAMPERING WITH A CONSUMER PRODUCT IN THE SECOND DEGREE
A Native American is guilty of tampering with a consumer product in the second degree when, having no right to do so nor any reasonable ground to believe that he has such right, and with intent to cause physical injury to another or with intent to instill in another a fear that he will cause such physical injury, he alters, adulterates or otherwise contaminates a consumer product.
Tampering with a consumer product in the second degree is a class A misdemeanor.
508. TAMPERING WITH A CONSUMER PRODUCT IN THE FIRST DEGREE
A Native American is guilty of tampering with a consumer product in the first degree when, having no right to do so nor any reasonable ground to believe that he has such right, and with intent to cause physical injury to another or with intent to instill in another a fear that he will cause such physical injury, he alters, adulterates or otherwise contaminates a consumer product and thereby creates a substantial risk of serious physical injury to one or more persons.
Tampering with a consumer product in the first degree is a class E felony.
509. PENALTIES FOR LITTERING O N RAILROAD TRACKS AND RIGHTS-OF-WAY
1. No person shall throw, dump, or cause to be thrown, dumped, deposited or placed upon any railroad tracks, or within the limits of the rights-of-way of any railroad, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.
2. Where a highway or road lies in whole or part within a railroad rights-of-way, nothing in this section shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or other material for the purpose of reducing the hazard of, or providing traction on snow, ice or sleet situated on such highway or road.
3. A violation of the provisions of subdivision one of this section shall be punishable by a fine not to exceed two hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours and for any second or subsequent violation by a fine not to exceed five hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours.
4. Nothing in this section shall be deemed to apply to a railroad or its employees when matter deposited by them on the railroad tracks or rights-of-way is done pursuant to railroad rules, regulations or procedures.
510. MAKING GRAFFITI
1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.
Making graffiti is a class A misdemeanor.
511. ARSON; DEFINITIONS
As used in this chapter,
1. "Building", in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein. Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.
2. "Motor vehicle", includes every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven invalid chairs being operated or driven by an invalid, (b) vehicles which run only upon rails or tracks, and ( c ) snowmobiles.
512. ARSON IN THE FOURTH DEGREE
1. A person is guilty of arson in fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
513. ARSON IN THE THIRD DEGREE
1. A Native American is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.
Arson in the third degree is a class C felony.
514. ARSON IN THE SECOND DEGREE
A Native American is guilty of arson in the second degree when he intentionally damages a building or motor vehicle by starting a fire, and when (a) another person who is not a participant in the crime is present in such building or motor vehicle at the time, and (b) the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility.
Arson in the second degree is a class B felony.
515. ARSON IN THE FIRST DEGREE
1. A Native American is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an-explosion or a fire and when (a) such explosion or fire is caused by an incendiary device propelled, thrown or placed inside or near such building or motor vehicle; or when such explosion or fire is caused by an explosive; or when such explosion or fire either (i) causes serious physical injury to another person other than a participant, or (ii) the explosion or fire was caused with the expectation or receipt of financial advantage or pecuniary profit by the actor; and when (b) another person who is not a participant in the crime is present in such building or motor vehicle at the time; and (c) the defendant knows that fact or the circumstances are such as to render the presence of such person therein a reasonable possibility.
2. As used in this section, "incendiary device" means a breakable container designed to explode or produce uncontained combustion upon impact, containing flammable liquid and having a wick or a similar device capable of being ignited.
Arson in the first degree is a class A-1 felony.
516. LARCENY; DEFINITIONS OF TERMS
The following definitions are applicable to this title:
1. "Property" means any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation.
2. "Obtain" includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.
3. "Deprive." To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him, or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
4. "Appropriate." To "appropriate" property of another to oneself or a third person means (a) to exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit, or (b) to dispose of the property for the benefit of oneself or a third person.
5. "Owner." When property is taken, obtained or withheld by one person from another person, an "owner" thereof means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.
A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him by larcenous means.
A joint or common owner of property shall not be deemed to have a right of possession thereto superior to that of any other joint or common owner thereof.
In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest therein, even if legal title lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement.
6. "Secret scientific material" means a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof, and which is not, and is not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.
7. "Credit card" means any instrument or article defined as a credit card.
8. "Debit card" means any instrument or article defined as a debit card.
9. "Medical assistance card" means an identification card given to an individual for use in securing medical assistance.
10. "Access device" means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service.
11. "Service" includes, but is not limited to, labor, professional service, a computer service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. A ticket or equivalent instrument which evidences a right to receive a service is not in itself service but constitutes property within the meaning of subdivision one.
12. "Cable television service'' means any and all services provided by or through the facilities of any cable television system or closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
517. LARCENY; DEFINED
1. A Native American steals property and commits larceny when, 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.
2. Larceny includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision one 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 Native American 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;
D. By false promise.
A Native American 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.
In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed;
E. By extortion.
A Native American 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.
518. LARCENY; NO DEFENSE
The crimes of (a) larceny committed by means of extortion and an attempt to commit the same, and (b) bribe receiving by a labor official and bribe receiving by a public servant are not mutually exclusive, and it is no defense to a prosecution for larceny committed by means of extortion or for an attempt to commit the same that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving.
519. LARCENY; DEFENSES
1. In any prosecution for larceny committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated under a claim of right made in good faith.
2. In any prosecution for larceny by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.
520. LARCENY; VALUE OF STOLEN PROPERTY
For the purposes of this title, the value of property shall be ascertained as follows:
1. Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.
2. Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows :
A. The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectable thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.
B. The value of a ticket or equivalent instrument which evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon the value shall be deemed the price of such ticket or equivalent instrument which the issuer charges the general public.
C. The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
3. Where the property consists of gas, steam, water or electricity, which is provided for charge or compensation, the value shall be the value of the property stolen in any consecutive twelve-month period.
4. When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in subdivisions one and two of this section, its value shall be deemed to be an amount less than two hundred fifty dollars.
521. PETIT LARCENY
A Native American is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.
522. GRAND LARCENY IN THE FOURTH DEGREE
A Native American is guilty of grand larceny in the fourth degree when he steals property and when:
1. The value of the property exceeds one thousand dollars; 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; or
7. The property consists of one or more firearms, rifles or shotguns.
8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, other than a motorcycle.
9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure.
10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.
Grand larceny in the fourth degree is a class E felony.
523. GRAND LARCENY IN THE THIRD DEGREE
A Native American is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars.
Grand larceny in the third degree is a class D felony.
524. GRAND LARCENY IN THE SECOND DEGREE
A Native American is guilty of grand larceny in the second degree when he steals property and when:
1. The value of the property exceeds fifty thousand dollars; 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.
Grand larceny in the second degree is a class C felony.
525. GRAND LARCENY IN THE FIRST DEGREE
A Native American is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars.
Grand larceny in the first degree is a class B felony.
526. LARCENY; PLEADING AND PROOF
1. Where it is an element of the crime charged that property was taken from the person or obtained by extortion, a complaint for larceny must so specify. In all other cases, complaint for larceny is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of larceny involved.
2. Proof that the defendant engaged in any conduct constituting larceny is sufficient to support any complaint for larceny other than one charging larceny by extortion. An indictment charging larceny by extortion must be supported by proof establishing larceny by extortion.
527. OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS
The following definitions are applicable to this code except where different meanings are expressly specified:
1. "Computer" means a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data.
2. "Computer program" is property and means an ordered set of data representing coded instructions or statements that, when executed by computer, cause the computer to process data or direct the computer to perform one or more computer operations or both and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.
3. "Computer data" is property and means a representation of information, knowledge, facts, concepts or instructions which are being processed, or have been processed in a computer and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.
4. "Computer service'' means any and all services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer data or computer programs from one computer to another.
5. "Computer material" is property and means any computer data or computer program which:
A. contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals. This term shall not apply to the gaining access to or duplication solely of the medical history or medical treatment records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated; or
B. contains records maintained by the Nation or any political subdivision thereof which contains any information, concerning a person, which because of name, number, symbol, mark or other identifier, can be used to identify the person and which is otherwise prohibited by law from being disclosed. This term shall not apply to the gaining access to or duplication solely of records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated; or
C. is not and is not intended to be available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent and which accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.
6. "Uses a computer or computer service without authorization" means the use of a computer or computer service without the permission of, or in excess of the permission of, the owner or lessor or someone licensed or privileged by the owner or lessor after notice to that effect to the user of the computer or computer service has been given by:
A. giving actual notice in writing or orally to the user; or
B. prominently posting written notice adjacent to the computer being utilized by the user; or
C. a notice that is displayed on, printed out on or announced by the computer being utilized by the user. Proof that the computer is programmed to automatically display, print or announce such notice or a notice prohibiting copying, reproduction or duplication shall be presumptive evidence that such notice was displayed, printed or announced.
7. "Felony" as used in this section means any felony defined by Nation laws or any offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment not to exceed one year is authorized.
528. UNAUTHORIZED USE OF A COMPUTER
A Native American is guilty of unauthorized use of a computer when he knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.
Unauthorized use of a computer is a class A misdemeanor.
529. COMPUTER TRESPASS
A Native American is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and:
1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he thereby knowingly gains access to computer material.
Computer trespass is a class E felony.
530. COMPUTER TAMPERING IN THE SECOND DEGREE
A Native American is guilty of computer tampering in the second degree when he uses or causes to be used a computer or computer service and having no right to do so he intentionally alters in any manner or destroys computer data or a computer program of another person.
Computer tampering in the second degree is a class A misdemeanor.
531. COMPUTER TAMPERING IN THE FIRST DEGREE
A Native American is guilty of computer tampering in the first degree when he commits the crime of computer tampering in the second degree and:
1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he has been previously convicted of any crime under this section; or
3. he intentionally alters in any manner or destroys computer material; or
4. he intentionally alters in any manner or destroys computer data or a computer program in an amount exceeding one thousand dollars.
Computer tampering in the first degree is a class E felony.
532. UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL
A Native American is guilty of unlawful duplication of computer related material when having no right to do so, he copies, reproduces or duplicates in any manner:
1. any computer data or computer program and thereby intentionally and wrongfully deprives or appropriates from an owner thereof an economic value or benefit in excess of two thousand five hundred dollars; or
2. any computer data or computer program with an intent to commit or attempt to commit or further the commission of any felony.
Unlawful duplication of computer related material is a class E felony.
533. CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL
A Native American is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 532 of this section, with intent to benefit himself or a person other than an owner thereof.
Criminal possession of computer related material is a class E felony.
534. OFFENSES INVOLVING COMPUTERS; DEFENSES
In any prosecution:
1. under section 528 or 529 of this chapter, it shall b e a defense that the defendant had reasonable grounds to believe that he had authorization to use the computer;
2. under section 530 or 531 of this chapter it shall be a defense that the defendant had reasonable grounds to believe that he had the right to alter in any manner or destroy the computer data or the computer program;
3. under section 532 of this chapter it shall be a defense that the defendant had reasonable grounds to believe that he had the right to copy, reproduce or duplicate in any manner the computer data or the computer program.
535. ROBBERY; DEFINED
Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of:
1. Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.
536. ROBBERY IN THE THIRD DEGREE
A Native American is guilty of robbery in the third degree when he forcibly steals property.
Robbery in the third degree is a class D felony.
537. ROBBERY IN THE SECOND DEGREE
A Native American is guilty of robbery in the second 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.
Robbery in the second degree is a class C felony.
538. ROBBERY IN THE FIRST DEGREE
A Native American is guilty of robbery in the first 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; except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.
Robbery in the first degree is a class B felony.
539. MISAPPLICATION OF PROPERTY
1. A Native American is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time, he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss.
2. In any prosecution under this section, it is a defense that, at the time the prosecution was commenced, (a) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (b) the owner had suffered no material economic loss as a result of the unlawful disposition.
Misapplication of property is a class A misdemeanor.
540. UNAUTHORIZED USE OF A VEHICLE IN THE THIRD DEGREE
A Native American is guilty of unauthorized use of a vehicle in the third 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; or
2. Having custody of a vehicle pursuant to an agreement between himself or another and the owner thereof whereby he or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or
3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
For purposes of this section "a gross deviation from the agreement" shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return.
Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
541. UNAUTHORIZED USE OF A VEHICLE IN THE SECOND DEGREE
A Native American is guilty of unauthorized use of a vehicle in the second degree when:
He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 540 of this Code and has been previously convicted of the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 540 or second degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
542. UNLAWFUL USE OF SECRET SCIENTIFIC MATERIAL
A Native American is guilty of unlawful use of secret scientific material when, with intent to appropriate to himself or another the use of secret scientific material, and having no right to do so and no reasonable ground to believe that he has such right, he makes a tangible reproduction or representation of such secret scientific material by means of writing, photographing, drawing, mechanically or electronically reproducing or recording such secret scientific material.
Unlawful use of secret scientific material is a class E felony.
543. UNAUTHORIZED USE OF A VEHICLE IN THE FIRST DEGREE
A Native American is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent.
Unauthorized use of a vehicle in the first degree is a class D felony.
544. AUTO STRIPPING IN THE SECOND DEGREE
A Native American is guilty of auto stripping in the second degree when:
1. He removes or intentionally destroys or defaces any part of a vehicle, other than an abandoned vehicle, as defined in subdivision one of section 172 of the Vehicle and Traffic Code, without the permission of the owner; or
2. He removes or intentionally destroys or defaces any part of an abandoned vehicle, except that it is a defense to such charge that such person was authorized to do so pursuant to law or by permission of the owner.
Auto stripping in the second degree is a class A misdemeanor.
545. AUTO STRIPPING IN THE FIRST DEGREE
A Native American is guilty of auto stripping in the first degree when he commits the offense of auto stripping in the second degree and when he has been previously convicted within the last five years of either auto stripping in the second degree.
Auto stripping in the first degree is a class E felony.
546. THEFT OF SERVICES
A Native American 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, debit card, or medical assistance 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. A person who fails or refuses to pay for such services is presumed to have intended to avoid payment therefor; 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 service, 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 by means of (a) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means, or (b) offering for sale or otherwise making available, to anyone other than the provider of a telecommunications service for such service provider's own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service, or (c) any misrepresentation of fact which he knows to be false, or (d) any other artifice, trick, deception, code or device. For the purposes of this subdivision the telecommunications decoder or descrambler described in paragraph (b) above or the device described in paragraph (d) above shall not include any non-decoding and non-descrambling channel frequency converter or any television receiver type-accepted by the federal communications commission. In any prosecution under this subdivision, proof that telecommunications equipment, including, without limitation, any cable television converter, descrambler, or related equipment, has been tampered with or otherwise intentionally prevented from performing its functions of control of service delivery without the consent of the supplier of the service, or that telecommunications equipment, including, without limitation, any cable television converter, descrambler, receiver, or related equipment, has been connected to the equipment of the supplier of the service without the consent of the supplier of the service, shall be presumptive evidence that the resident to whom the service which is at the time being furnished by or through such equipment has, with intent to avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such equipment, the condition so existing. A person who tampers with such a device or equipment without the consent of the supplier of the service is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved. In any prosecution under this subdivision, proof that any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service, has been offered for sale or otherwise made available by anyone other than the supplier of such service shall be presumptive evidence that the person offering such equipment for sale or otherwise making it available has, with intent to avoid payment by himself or another person of the lawful charge for such service, obtained or attempted to obtain such service for himself or another person or avoided or attempted to avoid payment therefor by himself or another person; or
5. With intent to avoid payment by himself or another person of the lawful charge for any telephone service which is provided for a charge or compensation he (a) sells, offers for sale or otherwise makes available, without consent, an existing, canceled or revoked access device; or (b) uses, without consent, an existing, canceled or revoked access device. For purposes of this subdivision access device means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service.
6 . With intent to avoid payment by himself or another person for a prospective or already rendered service the charge or compensation for which is measured by a meter or other mechanical device, he tampers with such device or with other equipment related thereto, or in any manner attempts to prevent the meter or device from performing its measuring function, without the consent of the supplier of the service. In any prosecution under this subdivision, proof that a meter or related equipment has been tampered with or otherwise intentionally prevented from performing its measuring function without the consent of the supplier of the service shall be presumptive evidence that the person to whom the service which is at the time being furnished by or through such meter or related equipment has, with intent to avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such meter or related equipment, the condition so existing. A person who tampers with such a device or equipment without the consent of the supplier of the service is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved; or
7. He knowingly accepts or receives the use and benefit of service, including gas, steam or electricity service, which should pass through a meter but has been diverted therefrom, or which has been prevented from being correctly registered by a meter provided therefore, or which has been diverted from the pipes, wires or conductors of the supplier thereof. In any prosecution under this subdivision proof that service has been intentionally diverted from passing through a meter, or has been intentionally prevented from being correctly registered by a meter provided therefor, or has been intentionally diverted from the pipes, wires or conductors of the supplier thereof, shall be presumptive evidence that the person who accepts or receives the use and benefit of such service has done so with knowledge of the condition so existing; or
8. With intent to obtain, without the consent of the supplier thereof, gas, electricity, water, steam or telephone service, he tampers with any equipment designed to supply or to prevent the supply of such service either to the community in general or to particular premises; or
9. With intent to avoid payment of the lawful charge for admission to any theater or concert hall, or with intent to avoid payment of the lawful charge for admission to or use of a chair lift, gondola, rope-tow or similar mechanical device utilized in assisting skiers in transportation to a point of ski arrival or departure, he obtains or attempts to obtain such admission without payment of the lawful charge therefor.
10. Obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that he is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or a third person, he uses or diverts to the use of himself or a third person such labor, equipment or facilities.
11. With intent to avoid payment by himself or another person of the lawful charge for use of any computer or computer service which is provided for a charge or compensation he uses, causes to be used or attempts to use a computer or computer service and avoids or attempts to avoid payment therefor. In any prosecution under this subdivision proof that a person overcame or attempted to overcome any device or coding system a function of which is to prevent the unauthorized use of said computer or computer service shall be presumptive evidence of an intent to avoid payment for the computer or computer service. Theft of services is a class A misdemeanor, provided, however, that theft of cable television service as defined by the provisions of paragraphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, that theft of services under subdivision nine of this section by a person who has not been previously convicted of theft of services under subdivision nine of this section is a violation and provided further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony.
547. UNLAWFUL USE OF CREDIT CARD, DEBIT CARD OR MEDICAL ASSISTANCE
CARD
A Native American is guilty of unlawful use of credit card, debit card or medical assistance card when in the course of obtaining or attempting to obtain property or a service, he uses or displays a credit card, debit card or medical assistance card which he knows to be revoked or cancelled.
Unlawful use of a credit card, debit card or medical assistance card is a class A misdemeanor.
548. FRAUDULENTLY OBTAINING A SIGNATURE
A Native American is guilty of fraudulently obtaining a signature when, with intent to defraud or injure another or to acquire a substantial benefit for himself or a third person, he obtains the signature of a person to a written instrument by means of any misrepresentation of fact which he knows to be false.
Fraudulently obtaining a signature is a class A misdemeanor.
549. JOSTLING
A Native American is guilty of jostling when, in a public place, he intentionally and unnecessarily:
1. Places his hand in the proximity of a person's pocket or handbag; or
2. Jostles or crowds another person at a time when a third person's hand is in the proximity of such person's pocket or handbag.
Jostling is a class A misdemeanor.
550. FRAUDULENT ACCOSTING
1. A Native American is guilty of fraudulent accosting when he accosts a person in a public place with intent to defraud him of money or other property by means of a trick, swindle or confidence game.
2. A Native American who, either at the time he accosts another in a public place or at some subsequent time or at some other place, makes statements to him or engages in conduct with respect to him of a kind commonly made or performed in the perpetration of a known type of confidence game, is presumed to intend to defraud such person of money or other property.
Fraudulent accosting is a class A misdemeanor.
551. FORTUNE TELLING
A Native American is guilty of fortune telling when, for a fee or compensation which he directly or indirectly solicits or receives, he claims or pretends to tell fortunes, or holds himself out as being able, by claimed or pretended use of occult powers, to answer questions or give advice on personal matters or to exorcise, influence or affect evil spirits or curses; except that this section does not apply to a person who engages in the above-described conduct as part of a show or exhibition solely for the purpose of entertainment or amusement.
Fortune telling is a class B misdemeanor.
552. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIFTH DEGREE
A Native American is guilty of criminal possession of stolen property in the fifth 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.
Criminal possession of stolen property in the fifth degree is a class A misdemeanor.
553. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE
A Native American is guilty of criminal possession of stolen property in the fourth 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 one thousand dollars; or
2. The property consists of a credit card or debit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, other than a motorcycle; or
6 . The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship.
Criminal possession of stolen property in the fourth degree is a class E felony.
554. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE
A Native American is guilty of criminal possession of stolen property in the third 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 three thousand dollars.
Criminal possession of stolen property in the third degree is a class D felony.
555. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
A Native American is guilty of criminal possession of stolen property in the second 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 fifty thousand dollars.
Criminal possession of stolen property in the second degree is a class C felony.
556. CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FIRST DEGREE
A Native American is guilty of criminal possession of stolen property in the first 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, and when the value of the property exceeds one million dollars.
Criminal possession of stolen property in the first degree is a class B felony.
557. CRIMINAL POSSESSION OF STOLEN PROPERTY; PRESUMPTIONS
1. A Native American who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.
2. A collateral loan broker or a person in the business of buying, selling or otherwise dealing in property who possesses stolen property is presumed to know that such property was stolen if he obtained it without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess it.
3. A Native American who possesses two or more stolen credit cards or debit cards is presumed to know that such credit cards or debit cards were stolen.
4. A Native American who possesses three or more tickets or equivalent instrument for air transportation service, which tickets or instruments were stolen by reason of having been obtained from the issuer or agent thereof by the use of one or more stolen or forged credit cards, is presumed to know that such tickets or instruments were stolen.
558. CRIMINAL POSSESSION OF STOLEN PROPERTY; NO DEFENSE
In any prosecution for criminal possession of stolen property, it is no defense that:
1. The Native American who stole the property has not been convicted, apprehended or identified; or
2. The defendant stole or participated in the larceny of the property; or
3 . The larceny of the property did not occur in this state.
559. CRIMINAL POSSESSION OF STOLEN PROPERTY; CORROBORATION
1. A Native American charged with criminal possession of stolen property who participated in the larceny thereof may not be convicted of criminal possession of such stolen property solely upon the testimony of an accomplice in the larceny unsupported by corroborative evidence tending to connect the defendant with such criminal possession.
2. Unless inconsistent with the provisions of subdivision one of this section, a person charged with criminal possession of stolen property may be convicted thereof solely upon the testimony of one from whom he obtained such property or solely upon the testimony of one to whom he disposed of such property.
560. DEFINITIONS
As used in sections 521, 562, 563 and 564, the following terms have the following definitions:
1. The term "trademark" means any word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made by a person and which distinguish them from those manufactured or sold by others which is in use and which is registered, filed or recorded under the laws of a state or is registered in the principal register of the United States patent and trademark office.
2. The term "counterfeit trademark" means a spurious trademark or an imitation of a trademark that is:
A. used in connection with trafficking in goods; and
B. used in connection with the sale, offering for sale or distribution of goods that are identical with or substantially indistinguishable from a trademark as defined in subdivision one of this section.
The term "counterfeit trademark" does not include any mark used in connection with goods for which the person using such mark was authorized to use the trademark for the type of goods so manufactured or produced by the holder of the right to use such mark or designation, whether or not such goods were manufactured or produced in the United States or in another country, and does not include imitations of trade dress or packaging such as color, shape and the like unless those features have been registered as trademarks as defined in subdivision one of this section.
3. The term "traffic" means to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or to obtain control of with intent to so transport, transfer, or otherwise dispose of.
4. The term "goods" means any products, services, objects, materials, devices or substances which are identified by the use of a trademark.
561. TRADEMARK COUNTERFEITING IN THE THIRD DEGREE
A Native American is guilty of trademark counterfeiting in the third 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.
Trademark counterfeiting in the third degree is a class A misdemeanor.
562. TRADEMARK COUNTERFEITING IN THE SECOND DEGREE
A Native American is guilty of trademark counterfeiting in the second 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 value of such goods, or trademark exceeds one thousand dollars.
Trademark counterfeiting in the second degree is a class E felony.
563. TRADEMARK COUNTERFEITING IN THE FIRST DEGREE
A Native American is guilty of trademark counterfeiting in the first 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 value of such goods or trademark exceeds one hundred thousand dollars.
Trademark counterfeiting in the first degree is a class C felony.
564. SEIZURE AND DESTRUCTION OF GOODS BEARING COUNTERFEIT TRADEMARKS
Any goods manufactured, sold, offered for sale, distributed or produced in violation of this chapter may be seized by any police officer, who must deliver the same to the judge before whom the person arrested is required to be taken. The judge must, upon arraignment of the defendant, determine whether the goods had been manufactured, sold, offered for sale, distributed or produced in violation of this section, and upon a finding that the goods had been manufactured, sold, offered for sale, distributed, or produced in violation of this section, shall cause such articles to be delivered to the Nation Prosecutor. Upon conviction of the defendant, the Nation Prosecutor must cause to be destroyed the articles in respect whereof the defendant stands convicted, and which remain in the possession and control of the Nation Prosecutor. Destruction shall not include auction, sale or distribution of the items in their original form.
565. FORGERY; DEFINITIONS OF TERMS
1. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
2. "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.
3. "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.
4. "Falsely make." A person "falsely makes" a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.
5. "Falsely complete." A person "falsely completes'' a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.
6. "Falsely alter." A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.
7. "Forged instrument" means a written instrument which has been falsely made, completed or altered.
566. FORGERY IN THE THIRD DEGREE
A Native American is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.
Forgery in the third degree is a class A misdemeanor.
567. FORGERY IN THE SECOND DEGREE
A Native American is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or
3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.
Forgery in the second degree is a class D felony.
568. FORGERY IN THE FIRST DEGREE
A Native American is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or
2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.
Forgery in the first degree is a class C felony.
569. CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE THIRD DEGREE
A Native American is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.
Criminal possession of a forged instrument in the third degree is a class A misdemeanor.
570. CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE
A Native American is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 574.
Criminal possession of a forged instrument in the second degree is a class D felony.
571. CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND DEGREE;
PRESUMPTION
A Native American who possesses two or more forged instruments, each of which purports to be a credit card or debit card, as those terms are defined in subdivisions seven and eight of section 516, is presumed to possess the same with knowledge that they are forged and with intent to defraud, deceive or injure another.
572. CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE FIRST DEGREE
A Native American is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 568.
Criminal possession of a forged instrument in the first degree is a class C felony.
573. CRIMINAL POSSESSION OF A FORGED INSTRUMENT; NO DEFENSE
In any prosecution for criminal possession of a forged instrument, it is no defense that the defendant forged or participated in the forgery of the instrument in issue; provided that a person may not be convicted of both criminal possession of a forged instrument and forgery with respect to the same instrument.
574. CRIMINAL POSSESSION OF FORGERY DEVICES
A Native American is guilty of criminal possession of forgery devices when:
1. He makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments; or
2. With intent to use, or to aid or permit another to use, the same for purposes of forgery, he makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.
Criminal possession of forgery devices is a felony.
575. CRIMINAL SIMULATION
A Native American is guilty of criminal simulation when:
1. With intent to defraud, he makes or alters any object in such manner that it appears to have an antiquity, rarity, source or authorship which it does not in fact possess; or
2. With knowledge of its true character and with intent to defraud, he utters or possesses an object so simulated.
Criminal simulation is a class A misdemeanor.
576. CRIMINAL POSSESSION OF AN ANTI-SECURITY ITEM
A Native American is guilty of criminal possession of an anti-security item, when with intent to steal property at a retail mercantile establishment he knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment.
Criminal possession of an anti-security item is a class B misdemeanor.
577. UNLAWFULLY USING SLUGS; DEFINITIONS OF TERMS
The following definitions are applicable to sections 578 and 579:
1. "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (a) to receive a coin or bill or a token made for the purpose, and (b) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.
2. "Slug" means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.
3. "Value" of a slug means the value of the coin, bill or token for which it is capable of being substituted.
578. UNLAWFULLY USING SLUGS IN THE SECOND DEGREE
A Native American is guilty of unlawfully using slugs in the second degree when:
1. With intent to defraud the owner of a coin machine, he inserts or deposits a slug in such machine; or
2. He makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.
Unlawfully using slugs in the second degree is a class B misdemeanor.
579. UNLAWFULLY USING SLUGS IN THE FIRST DEGREE
A Native American is guilty of unlawfully using slugs in the first degree when he makes, possesses or disposes of slugs with intent to enable a person to insert or deposit them in a coin machine, and the value of such slugs exceeds one hundred dollars.
Unlawfully using slugs in the first degree is a class E felony.
580. FORGERY OF A VEHICLE IDENTIFICATION NUMBER
A Native American is guilty of forgery of a vehicle identification number when:
1. He knowingly destroys, covers, defaces, alters or otherwise changes the form or appearance of a vehicle identification number on any vehicle or component part thereof, except tires; or
2. He removes any such number from a vehicle or component part thereof, except as required by the provisions of the vehicle and traffic law; or
3. He affixes a vehicle identification number to a vehicle, except in accordance with the provisions of the vehicle and traffic law.
Forgery of a vehicle identification number is a class E felony.
581. ILLEGAL POSSESSION OF A VEHICLE IDENTIFICATION NUMBER
A Native American is guilty of illegal possession of a vehicle identification number when:
1. He knowingly possesses a vehicle identification number label, sticker or plate which has been removed from the vehicle or vehicle part to which such label, sticker or plate was affixed by the manufacturer in accordance with the provisions of the federal motor vehicle and information cost savings act (15 U.S.C. section 1901, et seq.) and regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law; or
2. He knowingly possesses a vehicle or vehicle part to which is attached a vehicle identification number label, sticker or plate or on which is stamped or embossed a vehicle identification number which has been destroyed, covered, defaced, altered or otherwise changed, or a vehicle or vehicle part from which a vehicle identification number label, sticker or plate has been removed, which label, sticker or plate was affixed in accordance with the provisions of the federal motor vehicle and information cost savings act (15 U.S.C. Section 1901, et seq.) or regulations promulgated thereunder, except when he has complied with the provisions of the vehicle and traffic law and regulations promulgated thereunder; or
3. He knowingly possesses a vehicle, or part of a vehicle to which by law or regulation must be attached a vehicle identification number, either (a) with a vehicle identification number label, sticker, or plate which was not affixed by the manufacturer in accordance with the provisions of the federal motor vehicle and information cost savings act (15 U.S.C. Section 1901, et seq.) Or regulations promulgated thereunder, or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder, or (b) on which is affixed, stamped or embossed a vehicle identification number which was not affixed, stamped or embossed by the manufacturer, or in accordance with the provisions of the federal motor vehicle and information cost savings act (15 U.S.C. Section 1901 , et seq.) Or regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder.
Illegal possession of a vehicle identification number is a class E felony.
582. ILLEGAL POSSESSION OF A VEHICLE IDENTIFICATION NUMBER; PRESUMPTIONS
1. A Native American is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision two of section 581, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.
2. A Native American is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision three of section 581 when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.
583. DEFINITIONS OF TERMS
The following definitions are applicable to this chapter:
1. "Enterprise" means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.
2. "Business record" means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
3. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
584. FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE
A Native American is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A misdemeanor.
585. FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE
A Native American is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
586. FALSIFYING BUSINESS RECORDS; DEFENSE
In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
587. TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE
A Native American is guilty of tampering with public records in the second degree when, knowing that he does not have the authority of anyone entitled to grant it, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.
Tampering with public records in the second degree is a Class A misdemeanor.
588. TAMPERING WITH PUBLIC RECORDS IN THE FIRST DEGREE
A Native American is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.
Tampering with public records in the first degree is a class D felony.
589. OFFERING A FALSE INSTRUMENT FOR FILLING IN THE SECOND DEGREE
A Native American is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a false instrument for filing in the second degree is a class A misdemeanor.
590. OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE
A Native American is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision thereof, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a false instrument for filing in the first degree is a class E felony.
591. ISSUING A FALSE CERTIFICATE
A Native American is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.
Issuing a false certificate is a class E felony.
592. ISSUING A FALSE FINANCIAL STATEMENT
A Native American is guilty of issuing a false financial statement when, with intent to defraud :
1. He knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some material respect; or
2. He represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas he knows it is materially inaccurate in that respect.
Issuing a false financial statement is a class A misdemeanor.
593. INSURANCE FRAUD; DEFINITION OF TERMS
The following definitions are applicable to this chapter:
1. "Insurance policy" has the meaning assigned to insurance contract by subsection (a) of section one thousand one hundred one of the New York insurance law except it shall include reinsurance contracts, purported insurance policies and purported reinsurance contracts.
2. "Statement" includes, but is not limited to, any notice, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, x-ray, test result, and other evidence of loss, injury or expense.
3. "Person" includes any individual, firm, association or corporation.
4. "Personal insurance" means a policy of insurance insuring a natural person against any of the following contingencies:
A. loss of or damage to real property used predominantly for residential purposes and which consists of not more than four dwelling units, other than hotels, motels and rooming houses;
B. loss of or damage to personal property which is not used in the conduct of a business;
C. losses or liabilities arising out of the ownership, operation, or use of a motor vehicle, predominantly used for non-business purposes;
D. other liabilities for loss of, damage to, or injury to persons or property, not arising from the conduct of a business;
E. death, including death by personal injury, or the continuation of life, or personal injury by accident, or sickness, disease or ailment, excluding insurance providing disability benefits pursuant to workers' compensation.
A policy of insurance which insures any of the contingencies listed in paragraphs (a) through (e) of this subdivision as well as other contingencies shall be personal insurance if that portion of the annual premium attributable to the listed contingencies exceeds that portion attributable to other contingencies.
5. "Commercial insurance" means insurance other than personal insurance.
594. INSURANCE FRAUD; DEFINED
A fraudulent insurance act is committed by any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer or purported insurer, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which he knows to: (i) contain materially false information concerning any fact material thereto; or (ii) conceal, for the purpose of misleading, information concerning any fact material thereto.
595. INSURANCE FRAUD IN THE FIFTH DEGREE
A Native American is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act.
Insurance fraud in the fifth degree is a class A misdemeanor.
596. INSURANCE FRAUD IN THE FOURTH DEGREE
A Native American is guilty of insurance fraud in the fourth degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one thousand dollars.
Insurance fraud in the fourth degree is a class E felony.
597. INSURANCE FRAUD IN THE THIRD DEGREE
A Native American is guilty of insurance fraud in the third degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of three thousand dollars.
Insurance fraud in the third degree is a class D felony.
598. INSURANCE FRAUD IN THE SECOND DEGREE
A Native American is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of fifty thousand dollars.
Insurance fraud in the second degree is a class C felony.
599. INSURANCE FRAUD IN THE FIRST DEGREE
A Native American is guilty of insurance fraud in the first degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one million dollars.
Insurance fraud in the first degree is a class B felony.
600. COMMERCIAL BRIBING IN THE SECOND DEGREE
A Native American is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter"s employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.
Commercial bribing in the second degree is a class A misdemeanor.
601. COMMERCIAL BRIBING IN THE FIRST DEGREE
A Native American is guilty of commercial bribing in the first degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit conferred or offered or agreed to be conferred exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.
Commercial bribing in the first degree is a class E felony.
602. COMMERCIAL BRIBE RECEIVING IN THE SECOND DECREE
An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.
Commercial bribe receiving in the second degree is a class A misdemeanor.
603. COMMERCIAL BRIBE RECEIVING IN THE FIRST DEGREE
An employee, agent or fiduciary is guilty of commercial bribe receiving in the first degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit solicited, accepted or agreed to be accepted exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.
Commercial bribe receiving in the first degree is a class E felony.
604. BRIBERY OF LABOR OFFICIAL; DEFINITION OF TERM
As used in this chapter, "labor official" means any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund.
605. BRIBING A LABOR OFFICIAL
A Native American is guilty of bribing a labor official when, with intent to influence a labor official in respect to any of his acts, decisions or duties as such labor official, he confers, or offers or agrees to confer, any benefit upon him.
Bribing a labor official is a class D felony.
606. BRIBING A LABOR OFFICIAL; DEFENSE
In any prosecution for bribing a labor official, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the labor official as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
607. BRIBE RECEIVING BY A LABOR OFFICIAL
A labor official is guilty of bribe receiving by a labor official when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions, or duties as such labor official.
Bribe receiving by a labor official is a class D felony.
608. BRIBE RECEIVING BY A LABOR OFFICIAL; NO DEFENSE
The crimes of (a) bribe receiving by a labor official, and (b) larceny committed by means of extortion, attempt to commit the same, coercion or attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving by a labor official that, by reason of the same conduct, the defendant also committed one of such other specified crimes.
609. SPORTS BRIBERY AND TAMPERING; DEFINITIONS OF TERMS
As used in this chapter:
1. "Sports contest" means any professional or amateur sport or athletic game or contest viewed by the public.
2. "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team.
3. "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.
4. "Pari-mutuel betting" is such betting as is authorized by law.
5. "Pari-mutuel horse race" means any horse race upon which betting is conducted by law.
610. SPORTS BRIBING
A Native American is guilty of sports bribing when he:
1. Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest; or
2. Confers, or offers or agrees to confer, any benefit upon a sports official with intent to influence him to perform his duties improperly.
Sports bribing is a class D felony.
611. SPORTS BRIBE RECEIVING
A Native American is guilty of sports bribe receiving when:
1. Being a sports participant, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest; or
2. Being a sports official, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.
Sports bribe receiving is a class E felony.
612. TAMPERING WITH A SPORTS CONTEST IN THE SECOND DEGREE
A Native American is guilty of tampering with a sports contest when, with intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official or with any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest.
Tampering with a sports contest in the second degree is a class A misdemeanor.
613. TAMPERING WITH A SPORTS CONTEST IN THE FIRST DEGREE
A Native American is guilty of tampering with a sports contest in the first degree when, with intent to influence the outcome of a pari-mutuel horse race:
1. He affects any equine animal involved in the conduct or operation of a pari-mutuel horse race by administering to the animal in any manner whatsoever any controlled substance listed in section thirty-three hundred six of the New York public health law; or
2. He knowingly enters or furnishes to another person for entry or brings into this state for entry into a pari-mutuel horse race, or rides or drives in any pari-mutuel horse race any running, trotting or pacing horse, mare, gelding, colt or filly under an assumed name, or deceptively out of its proper class, or that has been painted or disguised or represented to be any other or different horse, mare, gelding, colt or filly from that which it actually is; or
3. He knowingly and falsely registers with the jockey club, United States trotting association, American quarter horse association or national steeplechase and hunt association a horse, mare, gelding, colt or filly previously registered under a different name; or
4. He agrees with one or more persons to enter such misrepresented or drugged animal in a pari-mutuel horse race. A person shall not be convicted of a violation of this subdivision unless an overt act is alleged and proved to have been committed by one of said persons in furtherance of said agreement.
Tampering with a sports contest in the first degree is a class E felony.
614. IMPAIRING THE INTEGRITY OF A PARI-MUTUEL BETTING SYSTEM IN THE
SECOND DEGREE
A Native American is guilty of impairing the integrity of a pari-mutuel betting system in the second degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person he:
1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the second degree is a class E felony.
615. IMPAIRING THE INTEGRITY OF A PARI-MUTUEL BETTING SYSTEM IN THE
FIRST DEGREE
A Native American is guilty of impairing the integrity of a pari-mutuel betting system in the first degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person, and when the value of the payment exceeds one thousand five hundred dollars he:
1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the first degree is a class D felony.
616. RENT GOUGING IN THE THIRD DEGREE
A Native American is guilty of rent gouging in the third degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, less than two hundred fifty dollars, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.
Rent gouging in the third degree is a class B misdemeanor.
617. RENT GOUGING IN THE SECOND DEGREE
A Native American is guilty of rent gouging in the second degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, of two hundred fifty dollars or more, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.
Rent gouging in the second degree is a class A misdemeanor.
618. RENT GOUGING IN THE FIRST DEGREE
A Native American is guilty of rent gouging in the first degree when, in the course of a scheme constituting a systematic ongoing course of conduct in connection with the leasing, rental or use of three or more apartment units, the rental price of which is regulated pursuant to the provisions of federal, state or local law, he solicits, accepts or agrees to accept from one or more persons in three separate transactions some consideration of value, knowing that such consideration is in addition to lawful rental and other lawful charges established pursuant to the provisions of such federal, state or local law, and upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew same, and thereby obtains such consideration from one or more persons.
Rent gouging in the first degree is a class E felony.
619. FRAUD IN INSOLVENCY
1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.
2. A Native American is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he
A. conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
B. obtains any substantial part of or interest in the debtor's estate; or
C. presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement; or
D. misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator.
Fraud in insolvency is a class A misdemeanor.
620. FRAUD INVOLVING A SECURITY INTEREST
A Native American is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:
1. Having under the security agreement both the right sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition; or
2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.
Fraud involving a security interest is a class A misdemeanor.
621. FRAUDULENT DISPOSITION OF MORTGAGED PROPERTY
A Native American is guilty of fraudulent disposition of mortgaged property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof.
Fraudulent disposition of mortgaged property is a class A misdemeanor.
622. FRAUDULENT DISPOSITION OF PROPERTY SUBJECT TO A CONDITIONAL
SALE CONTRACT
A Native American is guilty of fraudulent disposition of property subject to a conditional sale contract when, prior to the performance of the condition of a conditional sale contract and being the buyer or any legal successor in interest of the buyer, he sells, assigns, mortgages, exchanges, secretes, injures, destroys or otherwise disposes of the goods subject to the conditional sale contract under claim of full ownership, with intent thereby to defraud another.
Fraudulent disposition of property subject to a conditional sale contract is a class A misdemeanor.
623. ISSUING A BAD CHECK; DEFINITIONS OF TERMS
The following definitions are applicable to this chapter:
1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.
2. "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.
3. "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.
4. "Utter." A person "utters" a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check. One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.
5. "Pass." A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.
6. "Funds" means money or credit.
7. "Insufficient funds." A drawer has "insufficient funds" with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check; and a check dishonored for "no account" shall also be deemed to have been dishonored for "insufficient funds."
624. ISSUING A BAD CHECK
A Native American is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation.
Issuing a bad check is a class B misdemeanor.
625. ISSUING A BAD CHECK; PRESUMPTIONS
1. When the drawer of a check has insufficient funds with the drawee to cover it at the time of utterance, the subscribing drawer or representative drawer, as the case may be, is presumed to know of such insufficiency.
2. A subscribing drawer or representative drawer, as the case may be, of an ultimately dishonored check is presumed to have intended or believed that the check would be dishonored upon presentation when:
A. The drawer had no account with the drawee at the time of utterance; or
B. (i) The drawer had insufficient funds with the drawee at the time of utterance, and (ii) the check was presented to the drawee for payment not more than thirty days after the date of utterance, and (iii) the drawer had insufficient funds with the drawee at the time of presentation.
3. Dishonor of a check by the drawee and insufficiency of the drawer's funds at the time of presentation may properly be proved by introduction in evidence of a notice of protest of the check, or of a certificate under oath of an authorized representative of the drawee declaring the dishonor and insufficiency, and such proof shall constitute presumptive evidence of such dishonor and insufficiency.
626. ISSUING A BAD CHECK; DEFENSES
In any prosecution for issuing a bad check, it is an affirmative defense that:
1. The defendant or a person acting in his behalf made full satisfaction of the amount of the check within ten days after dishonor by the drawee; or
2. The defendant, in acting as a representative drawer, did so as an employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
627. FALSE ADVERTISING
A person is guilty of false advertising when, with intent to promote the sale or to increase the consumption of property or services, he makes or causes to be made a false or misleading statement in any advertisement or publishes any advertisement in violation of code three of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended; addressed to the public or to a substantial number of persons; except that, in any prosecution under this section, it is an affirmative defense that the allegedly false or misleading statement was not knowingly or recklessly made or caused to be made.
False advertising is a class A misdemeanor.
628. CRIMINAL IMPERSONATION IN THE SECOND DEGREE
A Native American is guilty of criminal impersonation in the second degree when he:
1. Impersonates another and does an a c t in such assumed character with intent to obtain a benefit or to injure or defraud another;or
2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or
3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department; and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense.
Criminal impersonation in the second degree is a class A misdemeanor.
629. CRIMINAL IMPERSONATION IN THE FIRST DEGREE
A Native American is guilty of criminal impersonation in the first degree when he:
1. Pretends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer is lawfully distinguished or expresses by his words or actions that he is acting with the approval or authority of any police department; and
2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony.
Criminal impersonation in the first degree is a class E felony.
630. UNLAWFULLY CONCEALING A WILL
A Native American is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.
Unlawfully concealing a will is a class E felony.
631. CRIMINAL USURY IN THE SECOND DEGREE
A Native American is guilty of criminal usury in the second degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per cent per annum or the equivalent rate for a longer or shorter period.
Criminal usury in the second degree is a class E felony.
632. CRIMINAL USURY IN THE FIRST DEGREE
A Native American is guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per cent per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor's conduct was part of a scheme or business of making or collecting usurious loans.
Criminal usury in the first degree is a class C felony.
633. POSSESSION OF USURIOUS LOAN RECORDS
A Native American is guilty of possession of usurious loan records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record criminally usurious transactions prohibited by section 631.
Possession of usurious loan records is a class A misdemeanor.
634. UNLAWFUL COLLECTION PRACTICES
A Native American is guilty of unlawful collection practices when, with intent to enforce a claim or judgment for money or property, he knowingly sends, mails or delivers to another person a notice, document or other instrument which has no judicial or official sanction and which in its format or appearance, simulates a summons, complaint, court order or process, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that such notice, document or instrument has a judicial or official sanction.
Unlawful collection practices is a class B misdemeanor.
635. SCHEME TO DEFRAUD IN THE FIRST DEGREE
A Native American is guilty of making a false statement of credit terms when he knowingly and willfully violates the provisions of code two of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended, by understating or failing to state the interest rate required to be disclosed, or by failing to make or by making a false or inaccurate or incomplete statement of other credit terms in violation of such act.
Making a false statement of credit terms is a class A misdemeanor.
636. SCHEME TO DEFRAUD IN THE SECOND DEGREE
1. A Native American is guilty of a scheme to defraud in the second degree when he (a) 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 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 an existing, canceled or revoked access device from more than one person by false or fraudulent pretenses, representations or promises and so obtains an existing, canceled or revoked access device from one or more of such persons. For purposes of this subdivision access device means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service.
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.
Scheme to defraud in the second degree is a class A misdemeanor.
637. SCHEME TO DEFRAUD IN THE FIRST DEGREE
1. A Native American is guilty of a scheme to defraud in the first degree when he: (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 property with a value in excess of one thousand dollars 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.
Scheme to defraud in the first degree is a class E felony.
638 SCHEME TO DEFRAUD THE STATE BY UNLAWFULLY SELLING PRESCRIPTIONS
A Native American is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services.
Scheme to defraud the state by unlawfully selling prescriptions is a class A misdemeanor.
5/1/1997
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