New York Law Article 165: Other offenses relating to theft

In New York law, Article 165 refers to other offenses relating to theft. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 165: Other offenses relating to theft

165.00 Misapplication of property.
165.05 Unauthorized use of a vehicle in the third degree.
165.06 Unauthorized use of a vehicle in the second degree.
165.07 Unlawful use of secret scientific material.
165.08 Unauthorized use of a vehicle in the first degree.
165.09 Auto stripping in the third degree.
165.10 Auto stripping in the second degree.
165.11 Auto stripping in the first degree.
165.15 Theft of services.
165.16 Unauthorized sale of certain transportation services.
165.17 Unlawful use of credit card, debit card or public benefit card.
165.20 Fraudulently obtaining a signature.
165.25 Jostling.
165.30 Fraudulent accosting.
165.35 Fortune telling.
165.40 Criminal possession of stolen property in the fifth degree.
165.45 Criminal possession of stolen property in the fourth degree.
165.50 Criminal possession of stolen property in the third degree.
165.52 Criminal possession of stolen property in the second degree.
165.54 Criminal possession of stolen property in the first degree.
165.55 Criminal possession of stolen property; presumptions.
165.60 Criminal possession of stolen property; no defense.
165.65 Criminal possession of stolen property; corroboration.
165.70 Definitions.
165.71 Trademark counterfeiting in the third degree.
165.72 Trademark counterfeiting in the second degree.
165.73 Trademark counterfeiting in the first degree.
165.74 Seizure and destruction of goods bearing counterfeit trademarks.


NY PENAL LAW § 165.00

Misapplication of property.

1. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time,

(a) he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss; or

(b) he intentionally refuses to return personal property valued in excess of one hundred dollars to the owner pursuant to the terms of the rental agreement provided that the owner shall have made a written demand for the return of such personal property in person or by certified mail at an address indicated in the rental agreement and he intentionally refuses to return such personal property for a period of thirty days after such demand has been received or should reasonably have been received by him. Such written demand shall state: (i) the date and time at which the personal property was to have been returned under the rental agreement; (ii) that the owner does not consent to the continued withholding or retaining of such personal property and demands its return; and (iii) that the continued withholding or retaining of the property may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.

(c) as used in paragraph (b) of this subdivision and in subdivision three of this section, the terms owner, personal property, and rental agreement shall be defined as in subdivision one of section three hundred ninety-nine-w of the general business law.

2. In any prosecution under paragraph (a) of subdivision one of this section, it is a defense that, at the time the prosecution was commenced, (a) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (b) the owner had suffered no material economic loss as a result of the unlawful disposition.

3. In any prosecution under paragraph (b) of subdivision one of this section, it is a defense that at the time the prosecution was commenced, (a) the owner had recovered possession of the personal property and suffered no material economic loss as a result of the unlawful retention; or (b) the defendant is unable to return such personal property because it has been accidentally destroyed or stolen; or (c) the owner failed to comply with the provisions of section three hundred ninety-nine-w of the general business law.

Misapplication of property is a class A misdemeanor.

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