New York statute
N.Y. Penal Law § 158.05 — Welfare fraud in the fifth degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 158: Welfare Fraud, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 158.05
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.
158.05 Welfare fraud in the fifth degree.
A person is guilty of welfare fraud in the fifth degree when he or she
commits a fraudulent welfare act and thereby takes or obtains public
assistance benefits.
Welfare fraud in the fifth degree is a class A misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is welfare fraud in the fifth degree in New York?
Welfare fraud in the fifth degree is a Class A Misdemeanor in New York under N.Y. Penal Law § 158.05.
Which New York statute covers welfare fraud in the fifth degree?
Welfare fraud in the fifth degree is governed by N.Y. Penal Law § 158.05 (Welfare fraud in the fifth degree).
This reference is informational and is not legal advice.