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New York Penal - Article 175 - § 175.35 Offering a False Instrument for Filing in the First Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 175 - § 175.35 Offering a False Instrument for Filing in the First Degree


Penal 
 
  * § 175.35 Offering a false instrument for filing in the first degree.
    A  person  is  guilty of offering a false instrument for filing in the
  first degree when, knowing that a written instrument  contains  a  false
  statement  or false information, and with intent to defraud the state or
  any  political  subdivision,  public   authority   or   public   benefit
  corporation  of  the state, he offers or presents it to a public office,
  public servant, public authority or public benefit corporation with  the
  knowledge  or  belief that it will be filed with, registered or recorded
  in or otherwise become a part of the  records  of  such  public  office,
  public servant, public authority or public benefit corporation.
    Offering  a false instrument for filing in the first degree is a class
  E felony.
    * NB Effective until November 1, 2014
  * § 175.35 Offering a false instrument for filing in the first degree.
    A person is guilty of offering a false instrument for  filing  in  the
  first degree when:
    1.  knowing  that  a  written instrument contains a false statement or
  false information, and with intent to defraud the state or any political
  subdivision, public authority  or  public  benefit  corporation  of  the
  state,  he  or  she  offers  or  presents  it to a public office, public
  servant,  public  authority  or  public  benefit  corporation  with  the
  knowledge  or  belief that it will be filed with, registered or recorded
  in or otherwise become a part of the  records  of  such  public  office,
  public servant, public authority or public benefit corporation; or
    2.  (a) he or she commits the crime of offering a false instrument for
  filing in the second degree; and
    (b) such instrument is a financing statement the contents of which are
  prescribed by  section  9--502  of  the  uniform  commercial  code,  the
  collateral asserted to be covered in such statement is the property of a
  person  who is a state or local officer as defined by section two of the
  public officers law or who otherwise  is  a  judge  or  justice  of  the
  unified  court  system,  such  financing statement does not relate to an
  actual transaction, and he or she  filed  such  financing  statement  in
  retaliation for the performance of official duties by such person.
    Offering  a false instrument for filing in the first degree is a class
  E felony.
    * NB Effective November 1, 2014
Section:  Previous  Article 175  175.00  175.05  175.10  175.15  175.20  175.25  175.30  175.35  175.40  175.45  Next

Last modified: February 16, 2014