2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title J - Offenses Involving Theft › Article 155 - Larceny › 155.00 - Larceny; Definitions of Terms.

§ 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 section five hundred eleven of the general business law.
7-a.  "Debit  card" means any instrument or article defined as a debit
  card in 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  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 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