New York Law

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

Article 170 - NY Penal Law

FORGERY AND RELATED OFFENSES
170.00 Forgery; definitions of terms.
170.05 Forgery in the third degree. A MISD
170.10 Forgery in the second degree. D FELONY
170.15 Forgery in the first degree. C FELONY
170.20 Criminal possession of a forged instrument in the third degree. A MISD
170.25 Criminal possession of a forged instrument in the second degree. D FELONY
170.27 Criminal possession of a forged instrument in the second
             degree; presumption.
170.30 Criminal possession of a forged instrument in the first degree. C FELONY
170.35 Criminal possession of a forged instrument; no defense.
170.40 Criminal possession of forgery devices. D FELONY
170.45 Criminal simulation. A MISD
170.47 Criminal possession of an anti-security item. B MISD
170.50 Unlawfully using slugs; definitions of terms.
170.55 Unlawfully using slugs in the second degree. B MISD
170.60 Unlawfully using slugs in the first degree. E FELONY
170.65 Forgery of a vehicle identification number. E FELONY
170.70 Illegal possession of a vehicle identification number. E FELONY
170.71 Illegal possession of a vehicle identification number; presumtions.
170.75 Fraudulent making of an electronic access device in the
             second degree. D FELONY

S 170.00  Forgery; definitions of terms.
  1. "Written instrument" means any instrument or article, including
computer data or a computer program, containing written or printed
matter or the equivalent thereof, used for the purpose of reciting,
embodying, conveying or recording information, or constituting a symbol
or evidence of value, right, privilege or identification, which is
capable of being used to the advantage or disadvantage of some person.
  2. "Complete written instrument" means one which purports to be a
genuine written instrument fully drawn with respect to every essential
feature thereof. An endorsement, attestation, acknowledgment or other
similar signature or statement is deemed both a complete written
instrument in itself and a part of the main instrument in which it is
contained or to which it attaches.
  3. "Incomplete written instrument" means one which contains some
matter by way of content or authentication but which requires additional
matter in order to render it a complete written instrument.
  4. "Falsely make." A person "falsely makes" a written instrument when
he makes or draws a complete written instrument in its entirety, or an
incomplete written instrument, which purports to be an authentic
creation of its ostensible maker or drawer, but which is not such either
because the ostensible maker or drawer is fictitious or because, if
real, he did not authorize the making or drawing thereof.
  5. "Falsely complete." A person "falsely completes" a written
instrument when, by adding, inserting or changing matter, he transforms
an incomplete written instrument into a complete one, without the
authority of anyone entitled to grant it, so that such complete
instrument appears or purports to be in all respects an authentic
creation of or fully authorized by its ostensible maker or drawer.
  6. "Falsely alter." A person "falsely alters" a written instrument
when, without the authority of anyone entitled to grant it, he changes a
written instrument, whether it be in complete or incomplete form, by
means of erasure, obliteration, deletion, insertion of new matter,
transposition of matter, or in any other manner, so that such instrument
in its thus altered form appears or purports to be in all respects an
authentic creation of or fully authorized by its ostensible maker or
drawer.
  7. "Forged instrument" means a written instrument which has been
falsely made, completed or altered.
  8. "Electronic access device" means a mobile identification number or
electronic serial number that can be used to obtain telephone service.

S 170.05 Forgery in the third degree.
  A person is guilty of forgery in the third degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument.
  Forgery in the third degree is a class A misdemeanor.
  
S 170.10 Forgery in the second degree.
  A person is guilty of forgery in the second degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
  1. A deed, will, codicil, contract, assignment, commercial instrument,
credit card, as that term is defined in subdivision seven of section
155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right, interest,
obligation or status; or
  2. A public record, or an instrument filed or required or authorized
by law to be filed in or with a public office or public servant; or
  3. A written instrument officially issued or created by a public
office, public servant or governmental instrumentality; or
  4. Part of an issue of tokens, public transportation transfers,
certificates or other articles manufactured and designed for use as
symbols of value usable in place of money for the purchase of property
or services; or
  5. A prescription of a duly licensed physician or other person
authorized to issue the same for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law.
  Forgery in the second degree is a class D felony.
  
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
  1. Part of an issue of money, stamps, securities or other valuable
instruments issued by a government or governmental instrumentality; or
  2. Part of an issue of stock, bonds or other instruments representing
interests in or claims against a corporate or other organization or its
property.
  Forgery in the first degree is a class C felony.
  
S 170.20 Criminal possession of a forged instrument in the third degree.
  A person is guilty of criminal possession of a forged instrument in
the third degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he utters or possesses a forged
instrument.
  Criminal possession of a forged instrument in the third degree is a 
class A misdemeanor.

S 170.25 Criminal possession of a forged instrument in the second degree.
  A person is guilty of criminal possession of a forged instrument in
the second degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he utters or possesses any forged
instrument of a kind specified in section 170.10.
  Criminal possession of a forged instrument in the second degree is a
class D felony.

S 170.27 Criminal possession of a forged instrument in the second
          degree; presumption.
  A person who possesses two or more forged instruments, each of which
purports to be a credit card or debit card, as those terms are defined
in subdivisions seven and seven-a of section 155.00, is presumed to
possess the same with knowledge that they are forged and with intent to
defraud, deceive or injure another.

S 170.30 Criminal possession of a forged instrument in the first degree.
  A person is guilty of criminal possession of a forged instrument in
the first degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he utters or possesses any forged
instrument of a kind specified in section 170.15.
  Criminal possession of a forged instrument in the first degree is a
class C felony.

S 170.35 Criminal possession of a forged instrument; no defense.
  In any prosecution for criminal possession of a forged instrument, it
is no defense that the defendant forged or participated in the forgery
of the instrument in issue; provided that a person may not be convicted
of both criminal possession of a forged instrument and forgery with
respect to the same instrument.

S 170.40 Criminal possession of forgery devices.
  A person is guilty of criminal possession of forgery devices when:
  1. He makes or possesses with knowledge of its character any plate,
die or other device, apparatus, equipment, or article specifically
designed for use in counterfeiting or otherwise forging written
instruments; or
  2. With intent to use, or to aid or permit another to use, the same
for purposes of forgery, he makes or possesses any device, apparatus,
equipment or article capable of or adaptable to such use.
  Criminal possession of forgery devices is a class D felony.

S 170.45 Criminal simulation.
  A person is guilty of criminal simulation when:
  1. With intent to defraud, he makes or alters any object in such
manner that it appears to have an antiquity, rarity, source or
authorship which it does not in fact possess; or
  2. With knowledge of its true character and with intent to defraud, he
utters or possesses an object so simulated.
  Criminal simulation is a class A misdemeanor.

S 170.47 Criminal possession of an anti-security item.
  A person is guilty of criminal possession of an anti-security item,
when with intent to steal property at a retail mercantile establishment
as defined in article twelve-B of the general business law, he knowingly
possesses in such an establishment an item designed for the purpose of
overcoming detection of security markings or attachments placed on
property offered for sale at such an establishment.
  Criminal possession of an anti-security item is a class B misdemeanor.
  
S 170.50 Unlawfully using slugs; definitions of terms.
  The following definitions are applicable to sections 170.55 and 170.60:
  1. "Coin machine" means a coin box, turnstile, vending machine or
other mechanical or electronic device or receptacle designed (a) to
receive a coin or bill or a token made for the purpose, and (b) in
return for the insertion or deposit thereof, automatically to offer, to
provide, to assist in providing or to permit the acquisition of some
property or some service.
  2. "Slug" means an object or article which, by virtue of its size,
shape or any other quality, is capable of being inserted or deposited in
a coin machine as an improper substitute for a genuine coin, bill or
token.
  3. "Value" of a slug means the value of the coin, bill or token for
which it is capable of being substituted.

S 170.55 Unlawfully using slugs in the second degree.
  A person is guilty of unlawfully using slugs in the second degree
when:
  1. With intent to defraud the owner of a coin machine, he inserts or
deposits a slug in such machine; or
  2. He makes, possesses or disposes of a slug with intent to enable a
person to insert or deposit it in a coin machine.
  Unlawfully using slugs in the second degree is a class B misdemeanor.

S 170.60 Unlawfully using slugs in the first degree.
  A person is guilty of unlawfully using slugs in the first degree when
he makes, possesses or disposes of slugs with intent to enable a person
to insert or deposit them in a coin machine, and the value of such slugs
exceeds one hundred dollars.
  Unlawfully using slugs in the first degree is a class E felony.

S 170.65 Forgery of a vehicle identification number.
  A person is guilty of forgery of a vehicle identification number when:
  (1) He knowingly destroys, covers, defaces, alters or otherwise
changes the form or appearance of a vehicle identification number on any
vehicle or component part thereof, except tires; or
  (2)  He removes any such number from a vehicle or component part
thereof, except as required by the provisions of the vehicle and traffic
law; or
  (3)  He affixes a vehicle identification number to a vehicle, except
in accordance with the provisions of the vehicle and traffic law.
  Forgery of a vehicle identification number is a class E felony.

S 170.70 Illegal possession of a vehicle identification number.
  A person is guilty of illegal possession of a vehicle identification
number when:
  (1) He knowingly possesses a vehicle identification number label,
sticker or plate which has been removed from the vehicle or vehicle part
to which such label, sticker or plate was affixed by the manufacturer in
accordance with 49 U.S.C. section 32101, et seq. and regulations
promulgated thereunder or in accordance with the provisions of the
vehicle and traffic law; or
  (2) He knowingly possesses a vehicle or vehicle part to which is
attached a vehicle identification number label, sticker or plate or on
which is stamped or embossed a vehicle identification number which has
been destroyed, covered, defaced, altered or otherwise changed, or a
vehicle or vehicle part from which a vehicle identification number
label, sticker or plate has been removed, which label, sticker or plate
was affixed in accordance with 49 U.S.C. section 32101, et seq. or
regulations promulgated thereunder, except when he has complied with the
provisions of the vehicle and traffic law and regulations promulgated
thereunder; or
  (3) He knowingly possesses a vehicle, or part of a vehicle to which by
law or regulation must be attached a vehicle identification number,
either (a) with a vehicle identification number label, sticker, or plate
which was not affixed by the manufacturer in accordance with 49 U.S.C.
section 32101, et seq. or regulations promulgated thereunder, or in
accordance with the provisions of the vehicle and traffic law or
regulations promulgated thereunder, or (b) on which is affixed, stamped
or embossed a vehicle identification number which was not affixed,
stamped or embossed by the manufacturer, or in accordance with 49 U.S.C.
section 32101, et seq. or regulations promulgated thereunder or in
accordance with the provisions of the vehicle and traffic law or
regulations promulgated thereunder.
  Illegal possession of a vehicle identification number is a class E felony.

S 170.71 Illegal possession of a vehicle identification number; presumptions.
  (1) A person is presumed to knowingly possess a vehicle or vehicle
part in violation of subdivision two of section 170.70, when he
possesses any combination of five such whole vehicles or individual
vehicle parts, none of which are attached to or contained in the same
vehicle.
  (2) A person is presumed to knowingly possess a vehicle or vehicle
part in violation of subdivision three of section 170.70, when he
possesses any combination of five such whole vehicles or individual
vehicle parts, none of which are attached to or contained in the same
vehicle.

S 170.75 Fraudulent making of an electronic access device in the second degree.
  A person is guilty of fraudulent making of an electronic access device
in the second degree when, with intent to defraud, deceive or injure
another, he falsely makes, completes or alters two or more electronic
access devices, as that term is defined in subdivision eight of section
170.00 of this article.
  Fraudulent making of an electronic access device in the second degree
is a class D felony.

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