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NY Penal Law § 155.43: Aggravated Grand Larceny of an Automated Teller Machine
There are a multitude of ways to steal and myriad kinds of property that can be stolen. Under the New York criminal code, larceny is one of the terms used to describe theft or stealing. Larceny can include embezzlement, bribery, or fraud, for example. All different kinds of property can be stolen. Property that can be stolen includes, but is not limited to:
- money,
- personal property,
- real property,
- computer data,
- credit cards, and
- vehicles.
Nonetheless, stealing from an automated teller machine (ATM) is classified as a particularly serious form of larceny. If you steal an ATM or the contents of an ATM and you have previously been convicted of grand larceny in the third degree under New York Penal Code § 155.35 on the basis of having stolen from an ATM, then you will be charged with the more egregious crime of aggravated grand larceny of an automated teller machine Under New York Penal Code § 155.43.
An Example
Promyse steals her boyfriend’s ATM card from his wallet. She knows his PIN number, because she has used his ATM card before with his permission. Promyse takes out $500 from her boyfriend’s checking account from an ATM. If Promyse has been previously convicted of grand larceny in the third degree on the basis of stealing from an ATM, on this occasion she could be prosecuted for aggravated grand larceny of an automated teller machine.
Offenses that are Related
Grand larceny in the first degree: New York Penal Code § 155.42
Grand larceny in the second degree: New York Penal Code § 155.40
Grand larceny in the third degree: New York Penal Code § 155.35
Possible Defenses
If you should get charged with aggravated grand larceny of an automated teller machine based on stealing another person’s ATM card and taking out some money, a defense could be that you had the permission of the owner of the card. For example, if you are in possession of your boyfriend’s ATM card and PIN number because he has given you the green light to you to use it several times in the past, then you may have a solid defense against an aggravated grand larceny of an automated teller machine charge.
The Sentence
The crime of aggravated grand larceny of an automated teller machine is categorized as a class C felony. While your sentence can be anything from probation to a prison term, the maximum possible sentence you could face is up to 15 years in prison.