Amends elements of the offense of grand larceny in the third degree; includes theft offenses against the elderly where the actor is more than ten years younger than the victim.
TITLE OF BILL:
An act to amend the penal law, in relation to grand larceny in the third degree
SUMMARY OF PROVISIONS:
This bill would amend section 155.35 of the Penal law (grand larceny in the third degree, a class 0 felony) by including within its provisions the taking of property, regardless of its nature and value, from persons sixty-five or older by those more than ten years younger than the victim. At present, such conduct is punishable pursuant to Penal Law § 155.30 (grand larceny in the fourth degree, a class E felony).
The State Legislature has recently taken strong action to better protect the senior citizens of New York State by upgrading the crime of assault to a class D felony when it is committed against a person who is 65 years of age or older by another person who is more than ten years younger than the victim. The Legislature is to be commended for taking this reasonable and necessary step, but the corollary measure contained in this bill addresses an equally compelling need amendment of Penal Law to offer similar protection to elderly victims of the crime of grand larceny by effectively increasing the penalty (from a class E to a class D felony) for those who take property from the person of an elderly victim.
Last year, there were two particularly heinous attacks on elderly New Yorkers, which involved attempts to steal property from two elderly victims. These attacks were properly classified and charged as assaults, among other crimes. However, there are other situations where some or all of the elements of the crime of assault may be absent, making enhanced protection for elderly victims unavailable. The selection of an elderly person as the victim of a mugging, even without a demonstrable intent to cause physical injury on the part of the attacker, compels equal concern. It is necessary not only to upgrade the penalty for assault, but also for grand larceny from the person, in order to allow elderly New Yorkers to go about their business without fear. Where a thief snatches a purse from the arm of an elderly victim, both physical and psychological damage ensues, whether or not the damage rises to the level of "physical injury" required for charging the crime of assault. Criminals must be placed on notice that the choice of an elderly victim carries much greater consequences than does targeting a victim more likely to be able to prevent the theft or defend themselves.
PRIOR LEGISLATIVE HISTORY:
2007-2008: S.8399 - Referred to Rules, Passed Senate 2009-2010: S/2112 - Referred to Codes
90 days after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 1422 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to grand larceny in the third degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: S 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and: 1. when the value of the property exceeds three thousand dollars
[,]; or 2. the property is an automated teller machine or the contents of an automated teller machine; OR 3. THE PROPERTY, REGARDLESS OF ITS NATURE AND VALUE, IS TAKEN FROM THE PERSON OF ANOTHER WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER AND THE ACTOR IS MORE THAN TEN YEARS YOUNGER THAN SUCH PERSON. Grand larceny in the third degree is a class D felony. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04655-01-1