2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title J - Offenses Involving Theft › Article 155 - Larceny › 155.05 - Larceny; Defined.

§ 155.05 Larceny; defined.
1.  A  person steals property and commits larceny when, with intent to
deprive another of property or to appropriate the same to himself or  to
a  third person, he wrongfully takes, obtains or withholds such property
from an owner thereof.
2. Larceny includes a wrongful taking,  obtaining  or  withholding  of
another's  property,  with  the  intent prescribed in subdivision one of
this section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common  law  larceny  by
trespassory  taking,  common  law  larceny  by  trick,  embezzlement, or
obtaining property by false pretenses;
(b) By acquiring lost property.
A person  acquires  lost  property  when  he  exercises  control  over
property  of  another which he knows to have been lost or mislaid, or to
have been delivered under a mistake as to the identity of the  recipient
or  the  nature  or  amount  of  the property, without taking reasonable
measures to return such property to the owner;
(c) By committing the crime of issuing a  bad  check,  as  defined  in
section 190.05;
(d) By false promise.
A  person obtains property by false promise when, pursuant to a scheme
to defraud, he obtains property of another by means of a representation,
express or implied, that he or a third person will in the future  engage
in  particular  conduct,  and  when he does not intend to engage in such
conduct or, as the case may be, does not believe that the  third  person
intends to engage in such conduct.
In  any  prosecution  for  larceny  based  upon  a  false promise, the
defendant's intention or belief that the promise would not be  performed
may  not  be  established  by  or inferred from the fact alone that such
promise was not performed.  Such  a  finding  may  be  based  only  upon
evidence  establishing  that the facts and circumstances of the case are
wholly consistent with guilty intent or belief and  wholly  inconsistent
with innocent intent or belief, and excluding to a moral certainty every
hypothesis  except  that of the defendant's intention or belief that the
promise would not be performed;
(e) By extortion.
A person obtains property by extortion  when  he  compels  or  induces
another  person to deliver such property to himself or to a third person
by means of instilling in him a fear that, if the  property  is  not  so
delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv)  Accuse  some  person  of  a  crime  or cause criminal charges or
removal proceedings to be instituted against him or her; or
(v) Expose a secret or publicize an asserted  fact,  whether  true  or
false,  tending  to subject some person to hatred, contempt or ridicule;
or
(vi) Cause a strike, boycott or other collective  labor  group  action
injurious to some person's business; except that such a threat shall not
be  deemed  extortion  when the property is demanded or received for the
benefit of the group in whose interest the actor purports to act; or
(vii)  Testify  or  provide  information  or  withhold  testimony   or
information with respect to another's legal claim or defense; or
(viii)  Use  or  abuse  his position as a public servant by performing
some act within or related to his official  duties,  or  by  failing  or
refusing  to  perform an official duty, in such manner as to affect some
person adversely; or
* (ix) Perform any other act which  would  not  in  itself  materially
benefit  the  actor  but  which  is  calculated  to  harm another person
materially with  respect  to  his  health,  safety,  business,  calling,
career, financial condition, reputation or personal relationships.
* NB Effective until July 19, 2024
* (ix)  Perform  any  other  act  which would not in itself materially
benefit the actor  but  which  is  calculated  to  harm  another  person
materially with respect to such other person's health, safety, business,
calling,   career,   financial   condition,   reputation   or   personal
relationships;or
* NB Effective July 19, 2024
* (f) By wage theft.
A person obtains property by wage theft when he or she hires a  person
to perform services and the person performs such services and the person
does  not  pay wages, at the minimum wage rate and overtime, or promised
wage, if greater than the minimum wage rate and overtime, to said person
for work performed. In a prosecution for wage theft, for the purposes of
venue, it is permissible to aggregate all nonpayments  or  underpayments
to  one  person  from  one  person,  into one larceny count, even if the
nonpayments or underpayments occurred in multiple counties. It  is  also
permissible  to  aggregate nonpayments or underpayments from a workforce
into one  larceny  count  even  if  such  nonpayments  or  underpayments
occurred in multiple counties.
* NB Effective until July 19, 2024
* (f) By wage theft.
A  person  obtains  property  by  wage  theft when such person hires a
person to perform services and the person performs such services and the
person does not pay wages, at the minimum wage  rate  and  overtime,  or
promised  wage,  if  greater than the minimum wage rate and overtime, to
said person for work performed. In a prosecution for wage theft, for the
purposes of venue, it is permissible to  aggregate  all  nonpayments  or
underpayments  to  one  person  from one person, into one larceny count,
even if the nonpayments or underpayments occurred in multiple  counties.
It  is also permissible to aggregate nonpayments or underpayments from a
workforce  into  one  larceny  count  even  if   such   nonpayments   or
underpayments occurred in multiple counties; or
* NB Effective July 19, 2024
* (g) By deed theft. A person commits deed theft when such person:
(i)  Intentionally  alters,  falsifies,  forges,  or misrepresents any
written instrument involved in  the  conveyance  or  financing  of  real
property,  such  as  a residential or commercial deed or title, with the
intent to deceive, defraud,  or  unlawfully  transfer  or  encumber  the
ownership  rights  or  a  portion thereof of a residential or commercial
property; or
(ii) with intent to defraud, misrepresents themselves as the owner  or
authorized  representative of residential or commercial real property to
induce others to rely on such  false  information  in  order  to  obtain
ownership or possession of such real property; or
(iii)  with  intent  to defraud, takes, obtains, or transfers title or
ownership  of  real  property  by  fraud,  misrepresentation,   forgery,
larceny,  false  pretenses,  false  promise,  or any other fraudulent or
deceptive practice.
* NB Effective July 19, 2024