190.65 - Scheme to defraud in the first degree.

§ 190.65 Scheme to defraud in the first degree.    1.  A person is guilty of a scheme to defraud in the first degree when  he or she: (a) engages in a scheme  constituting  a  systematic  ongoing  course  of  conduct  with  intent  to  defraud ten or more persons or to  obtain property  from  ten  or  more  persons  by  false  or  fraudulent  pretenses, representations or promises, and so obtains property from one  or  more  of  such  persons;  or  (b) 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 with a value in excess of one thousand dollars from one or more  such  persons;  or  (c)  engages  in  a scheme constituting a systematic  ongoing course of conduct with intent to defraud more than  one  person,  more  than  one  of  whom  is  a vulnerable elderly person as defined in  subdivision three of  section  260.30  of  this  chapter  or  to  obtain  property  from  more  than  one  person,  more  than  one  of  whom is a  vulnerable elderly person as defined in  subdivision  three  of  section  260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,  representations or promises, and so obtains property from  one  or  more  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, provided that  in  any  prosecution  under  paragraph  (c) of subdivision one of this section, it shall be necessary  to prove the identity of at least one such vulnerable elderly person  as  defined in subdivision three of section 260.30 of this chapter.    Scheme to defraud in the first degree is a class E felony.