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Article 496 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 4 ›
• Title Y-2 ›
• Article 496

S 496.01 Definitions.
  For  the  purposes  of this article, "scheme" means any plan, pattern,
  device, contrivance, or course of action.

S 496.02 Corrupting the government in the fourth degree.
    A  person  is guilty of corrupting the government in the fourth degree
  when, being a public  servant,  or  acting  in  concert  with  a  public
  servant, he or she engages in a scheme constituting a systematic ongoing
  course  of  conduct  with  intent  to  defraud  the state or one or more
  political  subdivisions  of  the  state  or  one  or  more  governmental
  instrumentalities  within  the state to obtain property, actual services
  or other  resources,  or  obtain  property,  actual  services  or  other
  resources  from  the state, or any political subdivision or governmental
  instrumentality  of  the  state  by  false  or   fraudulent   pretenses,
  representations   or  promises,  and  thereby  wrongfully  obtains  such
  property, actual services or other resources.
    Corrupting the government in the fourth degree is a class E felony.

S 496.03 Corrupting the government in the third degree.
    A  person  is  guilty of corrupting the government in the third degree
  when, being a public  servant,  or  acting  in  concert  with  a  public
  servant, he or she engages in a scheme constituting a systematic ongoing
  course  of  conduct  with  intent  to  defraud  the state or one or more
  political  subdivisions  of  the  state  or  one  or  more  governmental
  instrumentalities  within  the state to obtain property, actual services
  or other  resources,  or  obtain  property,  actual  services  or  other
  resources  from  the state, or any political subdivision or governmental
  instrumentality  of  the  state  by  false  or   fraudulent   pretenses,
  representations   or  promises,  and  thereby  wrongfully  obtains  such
  property, actual services or other resources with a value in  excess  of
  one thousand dollars.
    Corrupting the government in the third degree is a class D felony.

S 496.04 Corrupting the government in the second degree.
    A  person  is guilty of corrupting the government in the second degree
  when, being a public  servant,  or  acting  in  concert  with  a  public
  servant, he or she engages in a scheme constituting a systematic ongoing
  course  of  conduct  with  intent  to  defraud  the state or one or more
  political  subdivisions  of  the  state  or  one  or  more  governmental
  instrumentalities  within  the state to obtain property, actual services
  or other  resources,  or  obtain  property,  actual  services  or  other
  resources  from  the state, or any political subdivision or governmental
  instrumentality  of  the  state  by  false  or   fraudulent   pretenses,
  representations   or  promises,  and  thereby  wrongfully  obtains  such
  property, actual services or other resources with a value in  excess  of
  twenty thousand dollars.
    Corrupting the government in the second degree is a class C felony.

S 496.05 Corrupting the government in the first degree.
    A  person  is  guilty of corrupting the government in the first degree
  when, being a public  servant,  or  acting  in  concert  with  a  public
  servant, he or she engages in a scheme constituting a systematic ongoing
  course  of  conduct  with  intent  to  defraud  the state or one or more
  political  subdivisions  of  the  state  or  one  or  more  governmental
  instrumentalities  within  the state to obtain property, actual services
  or other resources, or to obtain  property,  actual  services  or  other
  resources  from  the state, or any political subdivision or governmental
  instrumentality  of  the  state  by  false  or   fraudulent   pretenses,
  representations   or  promises,  and  thereby  wrongfully  obtains  such
  property, actual services or other resources with a value in  excess  of
  one hundred thousand dollars.
    Corrupting the government in the first degree is a class B felony.

S 496.06 Public corruption.
    1. A person commits the crime of public corruption when: (a) (i) being
  a  public  servant he or she commits a specified offense through the use
  of his or her public office, or (ii) being a person  acting  in  concert
  with  such public servant he or she commits a specified offense, and (b)
  the state or any  political  subdivision  thereof  or  any  governmental
  instrumentality within the state is the owner of the property.
    2. A "specified offense" is an offense defined by any of the following
  provisions  of  this  chapter:  section  155.25 (petit larceny); section
  155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
  larceny  in  the  third  degree);  section  155.40 (grand larceny in the
  second degree); section 155.42 (grand  larceny  in  the  first  degree);
  section  190.60  (scheme  to  defraud  in the second degree); or section
  190.65 (scheme to defraud in the first degree).

S 496.07 Sentencing.
    When  a person is convicted of the crime of public corruption pursuant
  to section 496.06 of this article and the specified offense is  a  class
  C,  D  or  E felony, the crime shall be deemed to be one category higher
  than the specified offense the  defendant  committed,  or  one  category
  higher  than  the offense level applicable to the defendant's conviction
  for an attempt or conspiracy to commit a specified offense, whichever is
  applicable.

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