N.Y. Penal Law § 158.00: Definitions; presumption; limitation

§ 158.00 Definitions; presumption; limitation.

1. Definitions. The following definitions are applicable to this

article:

(a) "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.

(b) "Fraudulent welfare act" means knowingly and with intent to

defraud, engaging in an act or acts pursuant to which a person:

(1) offers, presents or causes to be presented to the state, any of

its political subdivisions or social services districts, or any employee

or agent thereof, an oral or written application or request for public

assistance benefits or for a public benefit card with knowledge that the

application or request contains a false statement or false information,

and such statement or information is material, or

(2) holds himself or herself out to be another person, whether real or

fictitious, for the purpose of obtaining public assistance benefits, or

(3) makes a false statement or provides false information for the

purpose of (i) establishing or maintaining eligibility for public

assistance benefits or (ii) increasing or preventing reduction of public

assistance benefits, and such statement or information is material.

(c) "Public assistance benefits" means money, property or services

provided directly or indirectly through programs of the federal

government, the state government or the government of any political

subdivision within the state and administered by the department of

social services or social services districts.

2. Rebuttable presumption. (a) A person who possesses five or more

public benefit cards in a name or names other than his or her own is

presumed to possess the same with intent to defraud, deceive or injure

another.

(b) The presumption established by this subdivision shall not apply

to:

(1) any employee or agent of the department of social services to the

extent that he or she possesses such cards in the course of his or her

official duties; or

(2) any person to the extent that he she possesses a public benefit

card or cards issued to a member or members of his or her immediate

family or household with the consent of the cardholder; or

(3) any person providing home health services or personal care

services pursuant to title eleven of article five of the social services

law, or any agent or employee of a congregate care or residential

treatment facility or foster care provider, to the extent that in the

course of his or her duties, he or she possesses public assistance cards

issued to persons under his or her care.

(c) The presumption established by this subdivision is rebuttable by

evidence tending to show that the defendant did not possess such public

benefit card or cards with intent to defraud, deceive or injure another.

In any action tried before a jury, the jury shall be so instructed.

(d) The foregoing presumption shall apply to prosecutions for criminal

possession of public benefit cards.

3. Limitation. Nothing contained in this article shall be construed to

prohibit a recipient of public assistance benefits from pledging his or

her public assistance benefits or using his or her public benefit card

as collateral for a loan.