New York statute
N.Y. Penal Law § 155.40 — Grand larceny in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 155: Larceny, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 155.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when such
person steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse the actor's
position as a public servant by engaging in conduct within or related to
the actor's official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely; or
** 3. The property consists of retail goods or merchandise stolen
pursuant to a common scheme or plan or a single, ongoing intent to
deprive another or others of the property or to appropriate the property
to the actor or another person and the value of the property exceeds
fifty thousand dollars, which value may be determined by the aggregate
value of all such property regardless of whether the goods or
merchandise were stolen from the same owner. Nothing in this subdivision
shall be read to limit the ability to aggregate the value of any
property or the ability to charge the larceny of retail goods or
merchandise under another applicable provision of law.
** NB There are 2 sb 3's
** 3. Such person commits deed theft, regardless of the value, of: (a)
one residential real property; or (b) one commercial mixed-use property
with at least one residential unit; or (c) two or more commercial
properties.
** NB There are 2 sb 3's
Grand larceny in the second degree is a class C felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is grand larceny in the second degree in New York?
Grand larceny in the second degree is a Class C Felony in New York under N.Y. Penal Law § 155.40.
Which New York statute covers grand larceny in the second degree?
Grand larceny in the second degree is governed by N.Y. Penal Law § 155.40 (Grand larceny in the second degree).
This reference is informational and is not legal advice.