Provides that when property, regardless of its nature and value, is taken from the person of another and the victim is 65 years of age or older or such property is obtained by extortion and the victim is 65 years of age or older, such crimes shall be grand larceny in the third degree and subject to a class D felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4130
SPONSOR: Reilly TITLE OF BILL: 9sk 1 An act to amend the penal law, in relation to
grand larceny in the third degree of a person who is 65 years of age or
older
PURPOSE OR GENERAL IDEA OF BILL:
Adds provisions to grand larceny in the third degree relating to victims
65 years of age or older, thereby increasing the penalty
SUMMARY OF PROVISIONS:
Sections 1 and 2: Adds subdivisions 4 and 5 to Section 155.35 of the
Penal Law to provide that a person is guilty of Grand Larceny in the
Third Degree, a class .D felony, when they steal property and. (4) the
property, regardless of its nature and value is taken from the person of
another who is 65 years of age or older; or (5) the property, regardless
of its nature and value is obtained by extortion as defined in Section
155.05(2)(e)(iii),(iv),(v),(vi), (vii)or (ix) of the Penal Law.
Section 3 contains the effective date.
JUSTIFICATION:
Elderly individuals are often the target of violent crime and theft.
This legislation seeks to protect our elderly New Yorkers by elevating
felony larceny charges when the property stolen or extorted involves a
victim 65 years of age or older.
PRIOR LEGISLATIVE HISTORY:
2022 - A.9696 - Not considered
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
First of November next succeeding the date on which is shall have become
law.
STATE OF NEW YORK
________________________________________________________________________
4130
2025-2026 Regular Sessions
IN ASSEMBLY
January 31, 2025
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to grand larceny in the third
degree of a person who is 65 years of age or older
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 155.35 of the penal law, as added
2 by section 5 of part O of chapter 56 of the laws of 2024, is amended to
3 read as follows:
4 3. when such person commits deed theft of one commercial real proper-
5 ty, regardless of the value[.], or
6 § 2. Section 155.35 of the penal law, as amended by section 5 of part
7 O of chapter 56 of the laws of 2024, is amended by adding two new subdi-
8 visions 4 and 5 to read as follows:
9 4. the property, regardless of its nature and value, is taken from the
10 person of another and the victim is sixty-five years of age or older, or
11 5. the property, regardless of its nature and value, is obtained by
12 extortion as defined in subparagraphs (iii), (iv), (v), (vi), (vii) and
13 (ix) of paragraph (e) of subdivision two of section 155.05 of this chap-
14 ter and the victim is sixty-five years of age or older.
15 § 3. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03638-01-5
