New York S 9435: Establishes the crime of package theft in the fourth, third, second and first degrees

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S09435 Summary:

BILL NOS09435 

&nbsp

SAME ASSAME AS A03405

&nbsp

SPONSORCOMRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §§165.75 - 165.80, Pen L

&nbsp

Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.

Go to top S09435 Actions:

BILL NOS09435 

&nbsp

03/12/2026REFERRED TO CODES

Go to topS09435 Committee&nbspVotes:

Go to topS09435 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09435 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9435

 IN SENATE

 March 12, 2026
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the crime of
 package theft in the fourth, third, second and first degrees

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding six new sections 165.75,
 2 165.76, 165.77, 165.78, 165.79 and 165.80 to read as follows:
 3 § 165.75 Package theft in the fourth degree.
 4 A person is guilty of package theft in the fourth degree when such
 5 person knowingly takes a package or packages which contain one or more
 6 items intended for another person with intent to benefit themself or a
 7 person other than the intended recipient of such package or packages and
 8 the combined value of the item or items within such package or packages
 9 or the replacement cost of such item or items exceeds one dollar.
 10 Package theft in the fourth degree is a class A misdemeanor.
 11 § 165.76 Package theft in the third degree.
 12 A person is guilty of package theft in the third degree when such
 13 person knowingly takes a package or packages which contain one or more
 14 items intended for another person with intent to benefit themself or a
 15 person other than the intended recipient of such package or packages
 16 and:
 17 1. the combined value of the property within such package or packages
 18 or the replacement cost of such property exceeds twenty-five dollars;
 19 2. two or more packages are taken; or
 20 3. a person has previously been convicted of package theft under
 21 section 165.75 of this article.
 22 Package theft in the third degree is a class E felony.
 23 § 165.77 Package theft in the second degree.
 24 A person is guilty of package theft in the second degree when such
 25 person knowingly takes a package or packages which contain one or more
 26 items intended for another person with intent to benefit themself or a
 27 person other than the intended recipient and such package or packages
 28 contain medicine, a medical device or devices, or parts of a medical

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06924-01-5

 S. 9435 2

 1 device or devices which were prescribed to the intended recipient, a
 2 person within the intended recipient's household, or a person within the
 3 intended recipient's family or care.
 4 Package theft in the second degree is a class D felony.
 5 § 165.78 Package theft in the first degree.
 6 1. A person is guilty of package theft in the first degree when such
 7 person knowingly takes a package or packages which contain one or more
 8 items intended for another person with intent to benefit themself or a
 9 person other than the intended recipient and:
 10 (a) such package or packages contain medicine, a medical device or
 11 devices or parts of a medical device or devices which were prescribed to
 12 the intended recipient, a person within the intended recipient's house-
 13 hold, or a person within the intended recipient's family or care;
 14 (b) the outside area of such package or packages clearly bear words,
 15 markings, or symbols indicating that such package or packages contain
 16 medicine, a medical device or devices or parts of a medical device or
 17 devices; and
 18 (c) the intended recipient, a person within the intended recipient's
 19 househol