N.Y. Penal Law § 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.