New York 2025-2026 Regular Session

New York Assembly Bill A08051

Introduced
4/22/25  
Refer
4/22/25  

Caption

Increases penalties for certain larceny and fraud crimes against elderly persons; makes such crimes a class B felony.

Summary

This bill creates two new offenses in the Penal Law: larceny against an elderly person and fraud against an elderly person. It defines an elderly person as someone 60 years of age or older, and provides that a person commits these offenses when they steal from, or deceive, an elderly victim in connection with goods, services, or financial benefits that do not exist, were never intended to be provided, or were misrepresented. Both offenses are classified as class B felonies. The bill’s stated purpose is to respond to rising elder-targeted theft and fraud, citing federal and industry reports on increasing complaints and losses, including significant financial harm to New York seniors. By creating separate felony offenses rather than relying only on existing larceny and fraud provisions, the bill would increase criminal exposure for conduct involving older victims and signal heightened punishment for crimes against seniors.

Impact

If enacted, the bill would amend the New York Penal Law by adding new sections 155.50 and 190.91, creating enhanced felony offenses specifically tied to victim age. Prosecutors would be able to charge larceny and certain fraudulent schemes involving victims age 60 or older as class B felonies, which could increase sentencing exposure and affect plea bargaining, charging decisions, and case classification. The bill would not change the definition of larceny generally, but would add age-based aggravating offenses for elder victims.

Sentiment

The bill appears generally supportive and punitive in tone, with the sponsor framing it as a needed response to a growing problem of elder financial abuse. The legislative findings emphasize the scale of losses and the vulnerability of seniors, suggesting a strong policy rationale for tougher penalties. No committee transcript or vote record is provided, so there is no documented opposition or recorded debate in the supplied materials.

Contention

The main policy issue is whether creating separate class B felony offenses for crimes against elderly victims is the appropriate response, as opposed to using existing larceny and fraud statutes with sentencing enhancements. Potential concerns could include how broadly the new fraud offense is drafted, whether the age threshold of 60 is the right cutoff, and whether elevating these offenses to class B felonies could lead to disproportionate penalties in some cases. No specific objections or supporters are identified in the provided record.

Companion Bills

NY S07382

Same As Increases penalties for certain larceny and fraud crimes against elderly persons; makes such crimes a class B felony.

Previously Filed As

NY S07382

Increases penalties for certain larceny and fraud crimes against elderly persons; makes such crimes a class B felony.

NY S09439

Increases offense categories by one for certain larceny and criminal possession of stolen property offenses committed against elderly persons.

NY A3201

Increases penalties for certain criminal offenses committed against elderly and persons with disability.

NY S09435

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

NY H6212

Makes offenses against gift card holders subject to the penalties for larceny.

NY S1133

Makes offenses against gift card holders subject to the penalties for larceny.

NY S2390

Makes offenses against gift card holders subject to the penalties for larceny.

NY H8044

Makes offenses against gift card holders subject to the penalties for larceny.

NY S08929

Excepts crimes related to sex offenses, crimes against elderly or disabled persons and crimes related to sexual performance by a child from the three-year time limit to bring charges for such crimes against school educators employed by schools which are located in cities with 125,000 or more people.

NY S04774

Creates the crime of vehicular homicide; makes such crime a class B felony.

Similar Bills

No similar bills found.