N.Y. PEN Law § 155.00 — New York Code / Act PEN / Part 3 / Title J / Article 155 / Section 155.00
Larceny; definitions of terms
Status: in_force

§ 155.00 Larceny; definitions of terms.\n  The following definitions are applicable to this title:\n  1. "Property" means any money, compensation for labor or services,\npersonal property, real property, computer data, computer program, thing\nin action, evidence of debt or contract, or any article, substance or\nthing of value, including any gas, steam, water or electricity, which is\nprovided for a charge or compensation.\n  2. "Obtain" includes, but is not limited to, the bringing about of a\ntransfer or purported transfer of property or of a legal interest\ntherein, whether to the obtainer or another.\n  3. "Deprive." To "deprive" another of property means (a) to withhold\nit or cause it to be withheld from him permanently or for so extended a\nperiod or under such circumstances that the major portion of its\neconomic value or benefit is lost to him, or (b) to dispose of the\nproperty in such manner or under such circumstances as to render it\nunlikely that an owner will recover such property.\n  4. "Appropriate." To "appropriate" property of another to oneself or a\nthird person means (a) to exercise control over it, or to aid a third\nperson to exercise control over it, permanently or for so extended a\nperiod or under such circumstances as to acquire the major portion of\nits economic value or benefit, or (b) to dispose of the property for the\nbenefit of oneself or a third person.\n  5. "Owner." When property is taken, obtained or withheld by one person\nfrom another person, an "owner" thereof means any person who has a right\nto possession thereof superior to that of the taker, obtainer or\nwithholder.\n  A person who has obtained possession of property by theft or other\nillegal means shall be deemed to have a right of possession superior to\nthat of a person who takes, obtains or withholds it from him by\nlarcenous means.\n  A joint or common owner of property shall not be deemed to have a\nright of possession thereto superior to that of any other joint or\ncommon owner thereof.\n  In the absence of a specific agreement to the contrary, a person in\nlawful possession of property shall be deemed to have a right of\npossession superior to that of a person having only a security interest\ntherein, even if legal title lies with the holder of the security\ninterest pursuant to a conditional sale contract or other security\nagreement.\n  6. "Secret scientific material" means a sample, culture,\nmicro-organism, specimen, record, recording, document, drawing or any\nother article, material, device or substance which constitutes,\nrepresents, evidences, reflects, or records a scientific or technical\nprocess, invention or formula or any part or phase thereof, and which is\nnot, and is not intended to be, available to anyone other than the\nperson or persons rightfully in possession thereof or selected persons\nhaving access thereto with his or their consent, and when it accords or\nmay accord such rightful possessors an advantage over competitors or\nother persons who do not have knowledge or the benefit thereof.\n  7. "Credit card" means any instrument or article defined as a credit\ncard in section five hundred eleven of the general business law.\n  7-a. "Debit card" means any instrument or article defined as a debit\ncard in section five hundred eleven of the general business law.\n  7-b. "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  7-c. "Access device" means any telephone calling card number, credit\ncard number, account number, mobile identification number, electronic\nserial number or personal identification number that can be used to\nobtain telephone service.\n  8. "Service" includes, but is not limited to, labor, professional\nservice, a computer service, transportation service, the supplying of\nhotel accommodations, restaurant services, entertainment, the supplying\nof equipment for use, and the supplying of commodities of a public\nutility nature such as gas, electricity, steam and water. A ticket or\nequivalent instrument which evidences a right to receive a service is\nnot in itself service but constitutes property within the meaning of\nsubdivision one.\n  9. "Cable television service" means any and all services provided by\nor through the facilities of any cable television system or closed\ncircuit coaxial cable communications system, or any microwave or similar\ntransmission service used in connection with any cable television system\nor other similar closed circuit coaxial cable communications system.\n  10. "Workforce" means a group of one or more persons who work in\nexchange for wages.\n  11. "Residential real property" or any derivative word thereof shall\nhave the same meaning as defined in subdivision three of section 187.00\nof this part.\n  12. "Commercial property" or any derivative word thereof shall mean a\nnonresidential property used for the buying, selling or otherwise\nproviding of goods or services including hotel services, or for other\nlawful business, commercial or manufacturing activities.\n  13. "Mixed-use property" shall have the same meaning as defined in\nsubdivision twenty-two of section four hundred eighty-nine-aaaa of the\nreal property tax law.\n  14. "Incompetent" shall have the same meaning as defined in section\n1-2.9 of the estates, powers and trusts law.\n  15. "Incapacitated person" shall mean a person who, because of mental\ndisability as defined in subdivision three of section 1.03 of the mental\nhygiene law or mental deficiency, is unable to care for their own\nproperty and/or personal needs, and is likely to suffer harm because\nsuch person is unable to understand and appreciate the nature and\nconsequences of not being able to care for their property and/or\npersonal needs.\n  16. "Elderly person" means a person sixty years of age or older.\n