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.

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Legal Scenario: What Would You Do?

Scenario

You were playing three-card monte on a sidewalk near Madison Square Garden before a Knicks game when police arrived and arrested you. The officers charged you with fraudulent accosting under New York Penal Law 165.30, and you're unsure how serious this charge actually is.

What exactly does a fraudulent accosting charge mean for me, and what kind of penalties am I facing?

Attorney's Answer

Fraudulent accosting under New York Penal Law 165.30 is a Class A misdemeanor, which means you could face up to one year in jail, three years of probation, and a fine up to $1,000. The prosecution must prove that you accosted or solicited someone in a public place with the intent to defraud them — running a three-card monte game near a venue is one of the most commonly charged scenarios under this statute. A skilled defense attorney may challenge whether the element of intent to defraud was adequately established or whether your interaction truly constituted 'accosting' as defined by the statute. Given that a conviction would leave you with a permanent criminal record, it is critical to mount a strong defense rather than simply accepting a plea.

This is general information only. Contact us for advice specific to your situation.

Related Offenses

Related offenses include:

1. Fourth-degree grand larceny: New York Penal Law 155:30
2. Petit larceny: New York Penal Law 155:25