N.Y. Penal Law Section 155.00
Larceny

  • definitions of terms

The following definitions are applicable to this title:

1.

“Property” means any money, compensation for labor or services, 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 in General Business Law § 511 (Definitions)section five hundred eleven of the general business law. 7-a. “Debit card” means any instrument or article defined as a debit card in General Business Law § 511 (Definitions)section five hundred eleven of the general business law. 7-b. “Public benefit card” means any medical assistance card, food stamp assistance card, public assistance card, or any other identification, authorization card or electronic access device issued by the state or a social services district as defined in subdivision seven of Social Services Law § 2 (Definitions)section two of the social services law, which entitles a person to obtain public assistance benefits under a local, state or federal program administered by the state, its political subdivisions or social services districts. 7-c. “Access device” means any telephone calling card number, credit card number, account number, mobile identification number, electronic serial number or personal identification number that can be used to obtain telephone service.

8.

“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.

9.

“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.

10.

“Workforce” means a group of one or more persons who work in exchange for wages. * 11. “Residential real property” or any derivative word thereof shall have the same meaning as defined in subdivision three of section 187.00 of this part.

12.

“Commercial property” or any derivative word thereof shall mean a nonresidential property used for the buying, selling or otherwise providing of goods or services including hotel services, or for other lawful business, commercial or manufacturing activities.

13.

“Mixed-use property” shall have the same meaning as defined in subdivision twenty-two of Real Property Tax Law § 489-AAAA (Definitions)section four hundred eighty-nine-aaaa of the real property tax law.

14.

“Incompetent” shall have the same meaning as defined in section 1-2.9 of the estates, powers and trusts law.

15.

“Incapacitated person” shall mean a person who, because of mental disability as defined in subdivision three of section 1.03 of the mental hygiene law or mental deficiency, is unable to care for their own property and/or personal needs, and is likely to suffer harm because such person is unable to understand and appreciate the nature and consequences of not being able to care for their property and/or personal needs.

16.

“Elderly person” means a person sixty years of age or older. * NB Effective July 19, 2024

Source: Section 155.00 — Larceny; definitions of terms, https://www.­nysenate.­gov/legislation/laws/PEN/155.­00 (updated Apr. 26, 2024; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Apr. 26, 2024

§ 155.00’s source at nysenate​.gov

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