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Article 165 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 3 ›
• Title J ›
• Article 165

S 165.00 Misapplication of property.
  1. A person is guilty of misapplication of property when, knowingly
possessing personal property of another pursuant to an agreement that
the same will be returned to the owner at a future time,
  (a) he loans, leases, pledges, pawns or otherwise encumbers such
property without the consent of the owner thereof in such manner as to
create a risk that the owner will not be able to recover it or will
suffer pecuniary loss; or
  (b) he intentionally refuses to return personal property valued in
excess of one hundred dollars to the owner pursuant to the terms of the
rental agreement provided that the owner shall have made a written
demand for the return of such personal property in person or by
certified mail at an address indicated in the rental agreement and he
intentionally refuses to return such personal property for a period of
thirty days after such demand has been received or should reasonably
have been received by him. Such written demand shall state: (i) the date
and time at which the personal property was to have been returned under
the rental agreement; (ii) that the owner does not consent to the
continued withholding or retaining of such personal property and demands
its return; and (iii) that the continued withholding or retaining of the
property may constitute a class A misdemeanor punishable by a fine of up
to one thousand dollars or by a sentence to a term of imprisonment for a
period of up to one year or by both such fine and imprisonment.
  (c) as used in paragraph (b) of this subdivision and in subdivision
three of this section, the terms owner, personal property, and rental
agreement shall be defined as in subdivision one of section three
hundred ninety-nine-w of the general business law.
  2. In any prosecution under paragraph (a) of subdivision one of this
section, it is a defense that, at the time the prosecution was
commenced, (a) the defendant had recovered possession of the property,
unencumbered as a result of the unlawful disposition, and (b) the owner
had suffered no material economic loss as a result of the unlawful
disposition.
  3. In any prosecution under paragraph (b) of subdivision one of this
section, it is a defense that at the time the prosecution was commenced,
(a) the owner had recovered possession of the personal property and
suffered no material economic loss as a result of the unlawful
retention; or (b) the defendant is unable to return such personal
property because it has been accidentally destroyed or stolen; or (c)
the owner failed to comply with the provisions of section three hundred
ninety-nine-w of the general business law.
  Misapplication of property is a class A misdemeanor.

S 165.05 Unauthorized use of a vehicle in the third degree.
  A person is guilty of unauthorized use of a vehicle in the third
degree when:
  1. Knowing that he does not have the consent of the owner, he takes,
operates, exercises control over, rides in or otherwise uses a vehicle.
A person who engages in any such conduct without the consent of the
owner is presumed to know that he does not have such consent; or
  2. Having custody of a vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he or another is to
perform for compensation a specific service for the owner involving the
maintenance, repair or use of such vehicle, he intentionally uses or
operates the same, without the consent of the owner, for his own
purposes in a manner constituting a gross deviation from the agreed
purpose; or
  3. Having custody of a vehicle pursuant to an agreement with the owner
thereof whereby such vehicle is to be returned to the owner at a
specified time, he intentionally retains or withholds possession
thereof, without the consent of the owner, for so lengthy a period
beyond the specified time as to render such retention or possession a
gross deviation from the agreement.
  For purposes of this section "a gross deviation from the agreement"
shall consist of, but not be limited to, circumstances wherein a person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such vehicle for
at least seven days beyond the period specified in the agreement and
continues such possession for a period of more than two days after
service or refusal of attempted service of a notice in person or by
certified mail at an address indicated in the agreement stating (i) the
date and time at which the vehicle was to have been returned under the
agreement; (ii) that the owner does not consent to the continued
withholding or retaining of such vehicle and demands its return; and
that continued withholding or retaining of the vehicle may constitute a
class A misdemeanor punishable by a fine of up to one thousand dollars
or by a sentence to a term of imprisonment for a period of up to one
year or by both such fine and imprisonment.
  Unauthorized use of a vehicle in the third degree is a class A misdemeanor.

S 165.06 Unauthorized use of a vehicle in the second degree.
  A person is guilty of unauthorized use of a vehicle in the second
degree when:
  He commits the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision one of section 165.05 of this article
and has been previously convicted of the crime of unauthorized use of a
vehicle in the third degree as defined in subdivision one of section
165.05 or second degree within the preceding ten years.
  Unauthorized use of a vehicle in the second degree is a class E felony.

S 165.07 Unlawful use of secret scientific material.
  A person is guilty of unlawful use of secret scientific material when,
with intent to appropriate to himself or another the use of secret
scientific material, and having no right to do so and no reasonable
ground to believe that he has such right, he makes a tangible
reproduction or representation of such secret scientific material by
means of writing, photographing, drawing, mechanically or electronically
reproducing or recording such secret scientific material.
  Unlawful use of secret scientific material is a class E felony.

S 165.08 Unauthorized use of a vehicle in the first degree.
  A person is guilty of unauthorized use of a vehicle in the first
degree when knowing that he does not have the consent of the owner, he
takes, operates, exercises control over, rides in or otherwise uses a
vehicle with the intent to use the same in the course of or the
commission of a class A, class B, class C or class D felony or in the
immediate flight therefrom. A person who engages in any such conduct
without the consent of the owner is presumed to know he does not have
such consent.
  Unauthorized use of a vehicle in the first degree is a class D felony.

S 165.09  Auto stripping in the third degree.
  A person is guilty of auto stripping in the third degree when:
  1. He or she removes or intentionally destroys or defaces any part of
a vehicle, other than an abandoned vehicle, as defined in subdivision
one of section one thousand two hundred twenty-four of the vehicle and
traffic law, without the permission of the owner; or
  2. He or she removes or intentionally destroys or defaces any part of
an abandoned vehicle, as defined in subdivision one of section one
thousand two hundred twenty-four of the vehicle and traffic law, except
that it is a defense to such charge that such person was authorized to
do so pursuant to law or by permission of the owner.
  Auto stripping in the third degree is a class A misdemeanor.

S 165.10  Auto stripping in the second degree.
  A person is guilty of auto stripping in the second degree when:
  1. He or she commits the offense of auto stripping in the third degree
and when he or she has been previously convicted within the last five
years of having violated the provisions of section 165.09 or this
section; or
  2. He or she removes or intentionally destroys, defaces, disguises, or
alters any part of two or more vehicles, other than abandoned vehicles,
as defined in subdivision one of section one thousand two hundred
twenty-four of the vehicle and traffic law, without the permission of
the owner, and the value of the parts of vehicles removed, destroyed,
defaced, disguised, or altered exceeds an aggregate value of one
thousand dollars.
  Auto stripping in the second degree is a class E felony.

S 165.11 Auto stripping in the first degree.
  A person is guilty of auto stripping in the first degree when he or
she removes or intentionally destroys, defaces, disguises, or alters any
part of three or more vehicles, other than abandoned vehicles, as
defined in subdivision one of section one thousand two hundred
twenty-four of the vehicle and traffic law, without the permission of
the owner, and the value of the parts of vehicles removed, destroyed,
defaced, disguised, or altered exceeds an aggregate value of three
thousand dollars.
  Auto stripping in the first degree is a class D felony.

S 165.15 Theft of services.
  A person is guilty of theft of services when:
   1.  He obtains or attempts to obtain a service, or induces or attempts
  to induce the supplier  of  a  rendered  service  to  agree  to  payment
  therefor  on  a  credit basis, by the use of a credit card or debit card
  which he knows to be stolen.
    2. With intent to avoid payment for restaurant services  rendered,  or
  for  services  rendered  to  him as a transient guest at a hotel, motel,
  inn, tourist cabin, rooming house or comparable establishment, he avoids
  or attempts to avoid such payment by unjustifiable failure or refusal to
  pay, by stealth, or by any misrepresentation of fact which he  knows  to
  be  false.  A  person  who  fails or refuses to pay for such services is
  presumed to have intended to avoid payment therefor; or
    3. With intent to obtain railroad, subway, bus, air, taxi or any other
  public transportation service  without  payment  of  the  lawful  charge
  therefor,   or   to   avoid  payment  of  the  lawful  charge  for  such
  transportation service which has been rendered to  him,  he  obtains  or
  attempts  to  obtain such service or avoids or attempts to avoid payment
  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
  tampering, or by unjustifiable failure or refusal to pay; or
    4.  With  intent  to avoid payment by himself or another person of the
  lawful charge for any  telecommunications  service,  including,  without
  limitation,  cable  television service, or any gas, steam, sewer, water,
  electrical, telegraph or telephone  service  which  is  provided  for  a
  charge  or  compensation,  he obtains or attempts to obtain such service
  for himself or another person or avoids or  attempts  to  avoid  payment
  therefor  by  himself  or  another  person  by means of (a) tampering or
  making connection  with  the  equipment  of  the  supplier,  whether  by
  mechanical,  electrical,  acoustical or other means, or (b) offering for
  sale or otherwise making available, to anyone other than the provider of
  a telecommunications service for such service provider's own use in  the
  provision of its service, any telecommunications decoder or descrambler,
  a  principal  function of which defeats a mechanism of electronic signal
  encryption, jamming or individually addressed switching imposed  by  the
  provider of any such telecommunications service to restrict the delivery
  of  such service, or (c) any misrepresentation of fact which he knows to
  be false, or (d) any other artifice, trick, deception, code  or  device.
  For  the  purposes of this subdivision the telecommunications decoder or
  descrambler described in paragraph (b) above or the device described  in
  paragraph   (d)   above   shall   not   include   any  non-decoding  and
  non-descrambling channel frequency converter or any television  receiver
  type-accepted   by   the   federal  communications  commission.  In  any
  prosecution  under  this  subdivision,  proof  that   telecommunications
  equipment,   including,   without   limitation,   any  cable  television
  converter, descrambler, or related equipment, has been tampered with  or
  otherwise  intentionally  prevented  from  performing  its  functions of
  control of service delivery without the consent of the supplier  of  the
  service,   or  that  telecommunications  equipment,  including,  without
  limitation, any cable television converter,  descrambler,  receiver,  or
  related  equipment,  has been connected to the equipment of the supplier
  of the service without the consent of the supplier of the service, shall
  be presumptive evidence that the resident to whom the service  which  is
  at  the  time  being  furnished  by  or through such equipment has, with
  intent to avoid payment by himself or another person for  a  prospective
  or  already  rendered  service,  created  or  caused  to be created with
  reference to such equipment, the condition so  existing.  A  person  who
  tampers  with  such  a  device  or  equipment without the consent of the
  supplier of the service is presumed to do so with intent to avoid, or to
  enable another to avoid,  payment  for  the  service  involved.  In  any
  prosecution  under  this  subdivision, proof that any telecommunications
  decoder  or  descrambler,  a  principal  function  of  which  defeats  a
  mechanism  of  electronic  signal  encryption,  jamming  or individually
  addressed   switching   imposed   by   the   provider   of   any    such
  telecommunications service to restrict the delivery of such service, has
  been  offered  for sale or otherwise made available by anyone other than
  the supplier of such service shall  be  presumptive  evidence  that  the
  person offering such equipment for sale or otherwise making it available
  has,  with  intent  to avoid payment by himself or another person of the
  lawful charge for such service, obtained or  attempted  to  obtain  such
  service  for  himself or another person or avoided or attempted to avoid
  payment therefor by himself or another person; or
    5. With intent to avoid payment by himself or another  person  of  the
  lawful  charge  for any telephone service which is provided for a charge
  or compensation he  (a)  sells,  offers  for  sale  or  otherwise  makes
  available,  without  consent,  an  existing,  canceled or revoked access
  device; or (b) uses, without consent, an existing, canceled  or  revoked
  access  device;  or (c) knowingly obtains any telecommunications service
  with fraudulent intent by use of an unauthorized, false,  or  fictitious
  name,  identification,  telephone number, or access device. For purposes
  of this subdivision 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.
    6.  With  intent  to  avoid payment by himself or another person for a
  prospective or already rendered service the charge or  compensation  for
  which is measured by a meter or other mechanical device, he tampers with
  such  device  or  with other equipment related thereto, or in any manner
  attempts to prevent the meter or device from  performing  its  measuring
  function,  without  the  consent  of the supplier of the service. In any
  prosecution under this  subdivision,  proof  that  a  meter  or  related
  equipment  has  been  tampered with or otherwise intentionally prevented
  from performing its  measuring  function  without  the  consent  of  the
  supplier of the service shall be presumptive evidence that the person to
  whom the service which is at the time being furnished by or through such
  meter  or related equipment has, with intent to avoid payment by himself
  or another person for a prospective or already rendered service, created
  or caused to  be  created  with  reference  to  such  meter  or  related
  equipment,  the  condition so existing. A person who tampers with such a
  device or equipment without the consent of the supplier of  the  service
  is  presumed  to  do  so  with  intent to avoid, or to enable another to
  avoid, payment for the service involved; or
    7. He knowingly accepts or receives the use and  benefit  of  service,
  including gas, steam or electricity service, which should pass through a
  meter  but has been diverted therefrom, or which has been prevented from
  being correctly registered by a meter provided therefor,  or  which  has
  been  diverted  from  the  pipes,  wires  or  conductors of the supplier
  thereof. In any prosecution under this subdivision  proof  that  service
  has  been  intentionally  diverted  from passing through a meter, or has
  been intentionally prevented from being correctly registered by a  meter
  provided  therefor,  or  has been intentionally diverted from the pipes,
  wires or conductors  of  the  supplier  thereof,  shall  be  presumptive
  evidence  that the person who accepts or receives the use and benefit of
  such service has done so with knowledge of the condition so existing; or
    8. With intent to obtain, without the consent of the supplier thereof,
  gas, electricity, water, steam or telephone service, he tampers with any
  equipment designed to supply or to prevent the supply  of  such  service
  either to the community in general or to particular premises; or
    9.  With intent to avoid payment of the lawful charge for admission to
  any theatre or concert hall, or with intent  to  avoid  payment  of  the
  lawful charge for admission to or use of a chair lift, gondola, rope-tow
  or   similar   mechanical   device   utilized  in  assisting  skiers  in
  transportation to a point of ski arrival or  departure,  he  obtains  or
  attempts  to  obtain such admission without payment of the lawful charge
  therefor.
    10. Obtaining or having control over labor in the  employ  of  another
  person, or of business, commercial or industrial equipment or facilities
  of  another  person, knowing that he is not entitled to the use thereof,
  and with intent to derive a commercial or other substantial benefit  for
  himself or a third person, he uses or diverts to the use of himself or a
  third person such labor, equipment or facilities.
    11.  With  intent  to  avoid  payment  by himself, herself, or another
  person of the lawful charge for use of any computer,  computer  service,
  or computer network which is provided for a charge or compensation he or
  she  uses,  causes  to be used, accesses, or attempts to use or access a
  computer, computer service, or computer network and avoids  or  attempts
  to  avoid  payment  therefor.  In any prosecution under this subdivision
  proof that a person overcame or attempted  to  overcome  any  device  or
  coding  system a function of which is to prevent the unauthorized use of
  said computer or computer service shall be presumptive  evidence  of  an
  intent to avoid payment for the computer or computer service.
  Theft of services is a class A misdemeanor, provided, however, that
  theft of cable television  service  as  defined  by  the  provisions  of
  paragraphs  (a),  (c)  and  (d) of subdivision four of this section, and
  having a value not in excess of one hundred dollars by a person who  has
  not  been  previously  convicted  of theft of services under subdivision
  four of this section is  a  violation,  that  theft  of  services  under
  subdivision nine of this section by a person who has not been previously
  convicted of theft of services under subdivision nine of this section is
  a violation and provided further, however, that theft of services of any
  telephone service under paragraph (a) or (b) of subdivision five of this
  section  having a value in excess of one thousand dollars or by a person
  who has been previously convicted within five years of theft of services
  under paragraph (a) of subdivision five of this section  is  a  class  E
  felony.

S 165.16 Unauthorized sale of certain transportation services.
  1.  A  person is guilty of unauthorized sale of certain transportation
services when, with intent to avoid payment by  another  person  to  the
metropolitan  transportation  authority, New York city transit authority
or a subsidiary or affiliate of either  such  authority  of  the  lawful
charge  for  transportation  services on a railroad, subway, bus or mass
transit service operated by either such authority  or  a  subsidiary  or
affiliate  thereof,  he  or  she, in exchange for value, sells access to
such transportation services  to  such  person,  without  authorization,
through  the  use  of  an  unlimited farecard or doctored farecard. This
section shall apply only to such sales that occur  in  a  transportation
facility,  as  such term is defined in subdivision two of section 240.00
of this chapter, operated by such metropolitan transportation authority,
New York city transit authority  or  subsidiary  or  affiliate  of  such
authority, when public notice of the prohibitions of its section and the
exemptions   thereto   appears  on  the  face  of  the  farecard  or  is
conspicuously posted  in  transportation  facilities  operated  by  such
metropolitan  transportation  authority, New York city transit authority
or such subsidiary or affiliate of such authority.
  2. It shall be a defense to a prosecution under this  section  that  a
person,  firm,  partnership,  corporation, or association: (a) selling a
farecard containing value, other than a doctored farecard,  relinquished
all  rights and privileges thereto upon consummation of the sale; or (b)
sold access to transportation services through the use  of  a  farecard,
other  than  a doctored farecard, when such sale was made at the request
of the purchaser as an accommodation to the purchaser at a time  when  a
farecard  was  not  immediately  available  to  the purchaser, provided,
however, that the seller lawfully acquired the farecard and did not,  by
means  of  an  unlawful act, contribute to the circumstances that caused
the purchaser to make such request.
  3. For purposes of this section:
  (a)  "farecard"means a value-based, magnetically encoded card
containing  stored monetary value from which a specified amount of value
is deducted as payment of a fare;
  (b)  "unlimited  farecard"means a farecard that is time-based,
magnetically  encoded  and which permits entrance an unlimited number of
times into facilities and conveyances for a specified  period of time;
and
  (c)  "doctored  farecard"means a farecard that has been bent or
manipulated or altered so as to facilitate  a  person's access to
transportation services without paying the lawful charge.
  Unauthorized sale of transportation service is a class B misdemeanor.

S 165.17 Unlawful use of credit card, debit card or public benefit card.
  A person is guilty of unlawful use of credit card, debit card or
public benefit card when in the course of obtaining or attempting to
obtain property or a service, he uses or displays a credit card, debit
card or public benefit card which he knows to be revoked or cancelled.
  Unlawful use of a credit card, debit card or public benefit card
  is a class A misdemeanor.

S 165.20 Fraudulently obtaining a signature.
  A person is guilty of fraudulently obtaining a signature when, with
intent to defraud or injure another or to acquire a substantial benefit
for himself or a third person, he obtains the signature of a person to a
written instrument by means of any misrepresentation of fact which he
knows to be false.
  Fraudulently obtaining a signature is a class A misdemeanor.

S 165.25 Jostling.
  A person is guilty of jostling when, in a public place, he
intentionally and unnecessarily:
  1. Places his hand in the proximity of a person`s pocket or handbag;
or
  2. Jostles or crowds another person at a time when a third person`s
hand is in the proximity of such person`s pocket or handbag.
  Jostling is a class A misdemeanor.

S 165.30 Fraudulent accosting.
  1. A person is guilty of fraudulent accosting when he accosts a person
in a public place with intent to defraud him of money or other property
by means of a trick, swindle or confidence game.
  2. A person who, either at the time he accosts another in a public
place or at some subsequent time or at some other place, makes
statements to him or engages in conduct with respect to him of a kind
commonly made or performed in the perpetration of a known type of
confidence game, is presumed to intend to defraud such person of money
or other property.
  Fraudulent accosting is a class A misdemeanor.

S 165.35 Fortune telling.
  A person is guilty of fortune telling when, for a fee or compensation
which he directly or indirectly solicits or receives, he claims or
pretends to tell fortunes, or holds himself out as being able, by
claimed or pretended use of occult powers, to answer questions or give
advice on personal matters or to exorcise, influence or affect evil
spirits or curses; except that this section does not apply to a person
who engages in the aforedescribed conduct as part of a show or
exhibition solely for the purpose of entertainment or amusement.
  Fortune telling is a class B misdemeanor.

S 165.40 Criminal possession of stolen property in the fifth degree.
  A person is guilty of criminal possession of stolen property in the
fifth degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof.
  Criminal possession of stolen property in the fifth degree
  is a class A misdemeanor.

S 165.45 Criminal possession of stolen property in the fourth degree.
  A person is guilty of criminal possession of stolen property in the
fourth degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when:
  1. The value of the property exceeds one thousand dollars; or
  2. The property consists of a credit card, debit card or public
benefit card; or
  3. He is a collateral loan broker or is in the business of buying,
selling or otherwise dealing in property; or
  4. The property consists of one or more firearms, rifles and shotguns,
as such terms are defined in section 265.00 of this chapter; or
  5. The value of the property exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one hundred
twenty-five of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
  6. The property consists of a scroll, religious vestment, vessel or
other item of property having a value of at least one hundred dollars
kept for or used in connection with religious worship in any building or
structure used as a place of religious worship by a religious
corporation, as incorporated under the religious corporations law or the
education law.
  7. The property consists of anhydrous ammonia or liquified ammonia gas
and the actor intends to use, or knows another person  intends  to  use,
such   anhydrous   ammonia  or  liquified  ammonia  gas  to  manufacture
methamphetamine.
  Criminal possession of stolen property in the fourth degree
  is a class E felony.

S 165.50 Criminal possession of stolen property in the third degree.
  A person is guilty of criminal possession of stolen property in the
third degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof, and when the value of the property exceeds
three thousand dollars.
  Criminal possession of stolen property in the third degree
  is a class D felony.

S 165.52 Criminal possession of stolen property in the second degree.
  A person is guilty of criminal possession of stolen property in the
second degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when the value of the property
exceeds fifty thousand dollars.
  Criminal possession of stolen property in the second degree
  is a class C felony.

S 165.54 Criminal possession of stolen property in the first degree.
  A person is guilty of criminal possession of stolen property in the
first degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner, and when the value of the property exceeds one
million dollars.
  Criminal possession of stolen property in the first degree
  is a class B felony.

S 165.55 Criminal possession of stolen property; presumptions.
  1. A person who knowingly possesses stolen property is presumed to
possess it with intent to benefit himself or a person other than an
owner thereof or to impede the recovery by an owner thereof.
  2. A collateral loan broker or a person in the business of buying,
selling or otherwise dealing in property who possesses stolen property
is presumed to know that such property was stolen if he obtained it
without having ascertained by reasonable inquiry that the person from
whom he obtained it had a legal right to possess it.
  3. A person who possesses two or more stolen credit cards, debit cards
or public benefit cards is presumed to know that such credit cards,
debit cards or public benefit cards were stolen.
  4. A person who possesses three or more tickets or equivalent
instrument for air transportation service, which tickets or instruments
were stolen by reason of having been obtained from the issuer or agent
thereof by the use of one or more stolen or forged credit cards, is
presumed to know that such tickets or instruments were stolen.

S 165.60 Criminal possession of stolen property; no defense.
  In any prosecution for criminal possession of stolen property, it is
no defense that:
  1. The person who stole the property has not been convicted,
apprehended or identified; or
  2. The defendant stole or participated in the larceny of the property;
or
  3. The larceny of the property did not occur in this state.

S 165.65 Criminal possession of stolen property; corroboration.
  1. A person charged with criminal possession of stolen property who
participated in the larceny thereof may not be convicted of criminal
possession of such stolen property solely upon the testimony of an
accomplice in the larceny unsupported by corroborative evidence tending
to connect the defendant with such criminal possession.
  2. Unless inconsistent with the provisions of subdivision one of this
section, a person charged with criminal possession of stolen property
may be convicted thereof solely upon the testimony of one from whom he
obtained such property or solely upon the testimony of one to whom he
disposed of such property.

S 165.70 Definitions.
  As used in sections 165.71, 165.72, 165.73 and 165.74, the following
terms have the following definitions:
  1. The term "trademark" means (a) any word, name, symbol, or device,
or any combination thereof adopted and used by a person to identify
goods made by a person and which distinguish them from those
manufactured or sold by others which is in use and which is registered,
filed or recorded under the laws of this state or of any other state or
is registered in the principal register of the United States patent and
trademark office; or (b) the symbol of the International Olympic
Committee, consisting of five interlocking rings; the emblem of the
United States Olympic Committee, consisting of an escutcheon having a
blue chief and vertically extending red and white bars on the base with
five interlocking rings displayed on the chief; any trademark, trade
name, sign, symbol, or insignia falsely representing association with,
or authorization by, the International Olympic Committee or the United
States Olympic Committee; or the words "Olympic", "Olympiad", "Citius
Altius Fortius", or any combination thereof tending to cause confusion,
to cause mistake, to deceive, or to falsely suggest a connection with
the United States Olympic Committee or any International Olympic
Committee or United States Olympic Committee activity.
  2. The term "counterfeit trademark" means a spurious trademark or an
imitation of a trademark that is:
  (a) used in connection with trafficking in goods; and
  (b) used in connection with the sale, offering for sale or
distribution of goods that are identical with or substantially
indistinguishable from a trademark as defined in subdivision one of this
section.
  The term "counterfeit trademark" does not include any mark used in
connection with goods for which the person using such mark was
authorized to use the trademark for the type of goods so manufactured or
produced by the holder of the right to use such mark or designation,
whether or not such goods were manufactured or produced in the United
States or in another country, and does not include imitations of trade
dress or packaging such as color, shape and the like unless those
features have been registered as trademarks as defined in subdivision
one of this section.
  3. The term "traffic" means to transport, transfer, or otherwise
dispose of, to another, as consideration for anything of value, or to
obtain control of with intent to so transport, transfer, or otherwise
dispose of.
  4. The term "goods" means any products, services, objects, materials,
devices or substances which are identified by the use of a trademark.

S 165.71 Trademark counterfeiting in the third degree.
  A person is guilty of trademark counterfeiting in the third degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods.
  Trademark counterfeiting in the third degree is a class A misdemeanor.

S 165.72 Trademark counterfeiting in the second degree.
  A person is guilty of trademark counterfeiting in the second degree
when, with the intent to deceive or defraud some other person or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one thousand dollars.
  Trademark counterfeiting in the second degree is a class E felony.

S 165.73 Trademark counterfeiting in the first degree.
  A person is guilty of trademark counterfeiting in the first degree
when, with the intent to deceive or defraud some other person, or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one hundred thousand dollars.
  Trademark counterfeiting in the first degree is a class C felony.

S 165.74 Seizure and destruction of goods bearing counterfeit trademarks.
  Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
  produced  in  violation  of  this  article  may  be seized by any police
  officer. The magistrate must, within forty-eight hours after arraignment
  of the defendant, determine whether probable  cause  exists  to  believe
  that   the   goods  had  been  manufactured,  sold,  offered  for  sale,
  distributed or produced in violation of this article, and upon a finding
  that  probable  cause  exists  to  believe  that  the  goods  had   been
  manufactured,  sold,  offered  for  sale,  distributed,  or  produced in
  violation of this article, the court shall authorize such articles to be
  retained as evidence pending the trial of the defendant. Upon conviction
  of the defendant, the articles in respect whereof the  defendant  stands
  convicted  shall  be destroyed or donated. Destruction shall not include
  auction, sale or distribution of  the  items  in  their  original  form.
  Donation  of  the items shall be made at the court's discretion upon the
  request of any law enforcement agency and pursuant to  the  restrictions
  and  procedures of section three hundred sixty-m of the general business
  law, for the benefit of indigent individuals.

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