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New York Penal Law 165.30: Fraudulent accosting
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New York Penal Law 165.30: Fraudulent Accosting
Fraudulent accosting is a crime that involves stopping another person in the middle of the crowd with the intention to defraud or trick that person. The most common examples are standing near a stadium or a theater and trying to sell them some counterfeit tickets for an event or show. The three-card monte is another example that involves two people who conspired to cheat the mark. Under the New York penal code 165:30, it is illegal to accost another person with the intention to defraud the person of property in a public place. You can also be charged with fraudulent accosting when you engage in a confidence or swindle game. The property in target is usually money, but it can be another property in question.
Examples
In the case of Watts v. People, 2012 Slip NY Op 43535, (N.Y. Crim. Ct., 2011), defendant Watt Rodney was charged with fraudulent accosting based on selling counterfeit show tickets at the entrance of the showroom. Watt offered to sell four tickets in a public area inside a hotel that was costing $800. He also provided four ticket numbers. The Book of Mormon manager confirmed that those tickets were not genuine.
In another case of Abbott v. People, 123 A.D3d 2321 (2013), Roselyn Abbott was the defendant. She spotted an 89-year-old woman’s car in the parking lot at the grocery. Abbott poured some coffee under the car. When the woman turned on the car, she told her that her car needed some repair. When she got the necessary help by her accomplices, the woman was told to pay more than $1,000 for repairs only. When that victim realized that her car was not repaired at all, she had to contact the police. Roselyn Abbott was charged with fraudulent accosting.
Related offenses include:
Defenses
According to the fraudulent accosting statute, it requires that you must accost the victim. Accosting, under the New York criminal Law, is defined as confronting or approaching the victim. You can also have a valid defense against that charge if you can prove that you did not approach him. Instead, the victim had to approach you. You may face some criminal charge if you indeed defrauded the victim. The charge might be different from the fraudulent accosting if you did not accost the victim.
A person can be guilty of fraudulent accosting when he accosts a person in a public area with the intention of robbing the person.
Sentence
Because this charge belongs to the Class A misdemeanor, you may face a one-year jail term at a county correctional facility if you are convicted. The jail term may also attract a small fine and a criminal charge associated with the case. A criminal charge is due for those who conducted the criminal offense. However, that charge would not likely be fraudulent accosting if you did not accost the victim. A three-year probation term is also imminent for those who face the charges.
The NYC Criminal Attorneys Law Firm
While most of these cases are classified as misdemeanors and not felonies, you can face serious harm to your social and financial life if convicted of this crime. For this reason, it is important to seek the most experienced representation. The staff at NYC Criminal Attorneys Law Firm have many years of professional experience in representing their clients against such crimes that include criminal trespass, harassment, assault, criminal mischief, and reckless endangerment. You can also call the office to schedule a free consultation session with an experienced legal representative.