N.Y. PEN Law § 158.00 — New York Code / Act PEN / Part 3 / Title J / Article 158 / Section 158.00
Definitions; presumption; limitation
Status: in_force

§ 158.00 Definitions; presumption; limitation.\n  1. Definitions. The following definitions are applicable to this\narticle:\n  (a) "Public benefit card" means any medical assistance card, food\nstamp assistance card, public assistance card, or any other\nidentification, authorization card or electronic access device issued by\nthe state or a social services district, as defined in subdivision seven\nof section two of the social services law, which entitles a person to\nobtain public assistance benefits under a local, state, or federal\nprogram administered by the state, its political subdivisions, or social\nservices districts.\n  (b) "Fraudulent welfare act" means knowingly and with intent to\ndefraud, engaging in an act or acts pursuant to which a person:\n  (1) offers, presents or causes to be presented to the state, any of\nits political subdivisions or social services districts, or any employee\nor agent thereof, an oral or written application or request for public\nassistance benefits or for a public benefit card with knowledge that the\napplication or request contains a false statement or false information,\nand such statement or information is material, or\n  (2) holds himself or herself out to be another person, whether real or\nfictitious, for the purpose of obtaining public assistance benefits, or\n  (3) makes a false statement or provides false information for the\npurpose of (i) establishing or maintaining eligibility for public\nassistance benefits or (ii) increasing or preventing reduction of public\nassistance benefits, and such statement or information is material.\n  (c) "Public assistance benefits" means money, property or services\nprovided directly or indirectly through programs of the federal\ngovernment, the state government or the government of any political\nsubdivision within the state and administered by the department of\nsocial services or social services districts.\n  2. Rebuttable presumption. (a) A person who possesses five or more\npublic benefit cards in a name or names other than his or her own is\npresumed to possess the same with intent to defraud, deceive or injure\nanother.\n  (b) The presumption established by this subdivision shall not apply\nto:\n  (1) any employee or agent of the department of social services to the\nextent that he or she possesses such cards in the course of his or her\nofficial duties; or\n  (2) any person to the extent that he she possesses a public benefit\ncard or cards issued to a member or members of his or her immediate\nfamily or household with the consent of the cardholder; or\n  (3) any person providing home health services or personal care\nservices pursuant to title eleven of article five of the social services\nlaw, or any agent or employee of a congregate care or residential\ntreatment facility or foster care provider, to the extent that in the\ncourse of his or her duties, he or she possesses public assistance cards\nissued to persons under his or her care.\n  (c) The presumption established by this subdivision is rebuttable by\nevidence tending to show that the defendant did not possess such public\nbenefit card or cards with intent to defraud, deceive or injure another.\nIn any action tried before a jury, the jury shall be so instructed.\n  (d) The foregoing presumption shall apply to prosecutions for criminal\npossession of public benefit cards.\n  3. Limitation. Nothing contained in this article shall be construed to\nprohibit a recipient of public assistance benefits from pledging his or\nher public assistance benefits or using his or her public benefit card\nas collateral for a loan.\n