PL 190.60 · Article 190
Scheme to Defraud in the Second Degree
This offense requires a systematic, ongoing scheme intended to defraud more than one person or obtain property from more than one person through false or fraudulent pretenses, representations, or promises. Property must actually be obtained from at least one such person, whose identity must be proved, but the identities of other intended victims need not be proved.
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PL 190.60 · Original statutory wording; excerpts must be read together with the full section.
§ 190.60 Scheme to defraud in the second degree. 1. A person is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons. 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim. Scheme to defraud in the second degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense requires a systematic, ongoing scheme intended to defraud more than one person or obtain property from more than one person through false or fraudulent pretenses, representations, or promises. Property must actually be obtained from at least one such person, whose identity must be proved, but the identities of other intended victims need not be proved.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every requirement of the applicable theory beyond a reasonable doubt.
- The person accused engaged in a scheme constituting a systematic, ongoing course of conduct.
- The intent was either to defraud more than one person or to obtain property from more than one person through false or fraudulent pretenses, representations, or promises. These intent alternatives are not cumulative; the listed deceptive means are also alternatives.
- Through the scheme, the person accused actually obtained property from one or more of those persons.
- The identity of at least one person from whom property was so obtained must be proved; the identity of any other intended victim need not be proved.
Defenses that commonly apply
- Do the transactions and communications establish a systematic, ongoing course of conduct rather than an isolated event?
- What evidence shows an intent to defraud more than one person or obtain property from more than one person through the specified deceptive means?
- Can the evidence identify at least one person from whom the person accused actually obtained property through the alleged scheme?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Can this charge be challenged when only one person transferred property?
The statute requires property to be obtained from only one or more persons, so a single transferor does not by itself defeat the charge. It still requires a systematic, ongoing scheme and an intent to defraud more than one person or obtain property from more than one person through the specified deceptive means. If the evidence supports only a single intended target or fails to identify any person from whom property was obtained, that could challenge requirements the prosecutor must prove beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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