NY Penal L § 158.00 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title J - Offenses Involving Theft Article 158 - Welfare Fraud 158.00 - Definitions; Presumption; Limitation.

§ 158.00 Definitions; presumption; limitation.   1.  Definitions.  The  following  definitions  are  applicable to this article:  (a) "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 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.  (b) "Fraudulent welfare  act"  means  knowingly  and  with  intent  to defraud, engaging in an act or acts pursuant to which a person:  (1)  offers,  presents  or causes to be presented to the state, any of its political subdivisions or social services districts, or any employee or agent thereof, an oral or written application or request  for  public assistance benefits or for a public benefit card with knowledge that the application  or request contains a false statement or false information, and such statement or information is material, or  (2) holds himself or herself out to be another person, whether real or fictitious, for the purpose of obtaining public assistance benefits, or  (3) makes a false statement or  provides  false  information  for  the purpose  of  (i)  establishing  or  maintaining  eligibility  for public assistance benefits or (ii) increasing or preventing reduction of public assistance benefits, and such statement or information is material.  (c) "Public assistance benefits" means  money,  property  or  services provided   directly  or  indirectly  through  programs  of  the  federal government, the state government or  the  government  of  any  political subdivision  within  the  state  and  administered  by the department of social services or social services districts.   2. Rebuttable presumption. (a) A person who  possesses  five  or  more public  benefit  cards  in  a name or names other than his or her own is presumed to possess the same with intent to defraud, deceive  or  injure another.  (b)  The  presumption  established by this subdivision shall not apply to:  (1) any employee or agent of the department of social services to  the extent  that  he or she possesses such cards in the course of his or her official duties; or  (2) any person to the extent that he she possesses  a  public  benefit card  or  cards  issued  to  a member or members of his or her immediate family or household with the consent of the cardholder; or  (3) any  person  providing  home  health  services  or  personal  care services pursuant to title eleven of article five of the social services law,  or  any  agent  or  employee  of  a congregate care or residential treatment facility or foster care provider, to the extent  that  in  the course of his or her duties, he or she possesses public assistance cards issued to persons under his or her care.  (c)  The  presumption established by this subdivision is rebuttable by evidence tending to show that the defendant did not possess such  public benefit card or cards with intent to defraud, deceive or injure another. In any action tried before a jury, the jury shall be so instructed.  (d) The foregoing presumption shall apply to prosecutions for criminal possession of public benefit cards.   3. Limitation. Nothing contained in this article shall be construed to prohibit  a recipient of public assistance benefits from pledging his or her public assistance benefits or using his or her public  benefit  card as collateral for a loan.