N.Y. Social Services Law § 389: Penalty for violations

§ 389. Penalty for violations. 1. Except as hereinafter provided, any

person, corporation, agency, society, institution or other organization,

wilfully violating this title, other than section three hundred ninety-g

of this title, or failing to comply with any order which the department

is authorized under this title to make, shall be guilty of a

misdemeanor.

2. (a) Any person, corporation, society, institution or other

organization who or which violates the provisions of subdivision six of

section three hundred seventy-four of this chapter shall be guilty of a

misdemeanor, for the first such offense. Any person, corporation,

society, institution or other organization who or which violates the

provisions of subdivision six of section three hundred seventy-four of

this chapter, after having been once convicted of violating such

provisions, shall be guilty of a felony.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, any person, corporation, society, institution or other

organization who or which violates subdivision six of section three

hundred seventy-four of this title, where such unlawful compensation or

thing of value accepted or received exceeds five thousand dollars in

value, shall be guilty of a class E felony as defined in the penal law.

Any person, corporation, society, institution, or other organization who

or which violates subdivision six of section three hundred seventy-four

of this title, where such unlawful compensation or thing of value

accepted or received exceeds five thousand dollars in value, after

having been previously convicted of violating subdivision six of section

three hundred seventy-four of this title, shall be guilty of a class D

felony as defined in the penal law.