N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Welfare Fraud
New York Consolidated Laws

N.Y. Penal Law § 158.10 (2026)

Welfare fraud in the fourth degree

✓ current as of May 2026
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§ 158.10 Welfare fraud in the fourth degree.
  A person is guilty of welfare fraud in the fourth degree when he or
she commits a fraudulent welfare act and thereby takes or obtains public
assistance benefits, and when the value of the public assistance
benefits exceeds one thousand dollars.
  Welfare fraud in the fourth degree is a class E felony.
Notes of Decisions
Cited in 6 cases, 2006–2017 · leading case: People v. Davis, 2017 NY Slip Op 7800 (N.Y. App. Div. 2017).
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People v. Davis, 2017 NY Slip Op 7800 (N.Y. App. Div. 2017). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of welfare fraud in the fourth degree (Penal Law § 158.10) and offering a false instrument for filing in the first degree (§ 175.”
People v. Norman, 2017 NY Slip Op 7490 (N.Y. App. Div. 2017). “the value of the public assistance benefits exceeds [$1,000]” (Penal Law § 158.10). The elements of welfare fraud in the fifth degree are the same except that there is no monetary threshold (see Penal Law § 158.”
People v. Gibbs, 31 A.D.3d 1186 (N.Y. App. Div. 2006). “It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: On appeal from a judgment convicting her upon her plea of guilty of, inter alia, welfare fraud in the fourth degree (Penal Law § 158.”
Maltsev v. Albany Cnty. Prob. Dep't, 303 F. App'x 973 (2d Cir. 2008). “Welfare fraud in the fourth degree requires the commission of a “fraudulent welfare act,” see N.Y. Penal Law § 158.10 , which is further defined as "knowingly and with intent to defraud, engaging in an act or acts pursuant to which a person .”
People v. Smith, 32 A.D.3d 1255 (N.Y. App. Div. 2006). “Memorandum: Defendant appeals, as limited by his brief, from that part of a judgment of Supreme Court that convicted him after a nonjury trial of welfare fraud in the fourth degree (Penal Law § 158.10). We agree with defendant that the court erred in admitting in evidence…”
Maltsev v. Albany Cnty. Prob. Dep't, 303 F. App'x 973 (2d Cir. 2008). “Welfare fraud in the fourth degree requires the commission of a “fraudulent welfare act,” see N.Y. Penal Law § 158.10 , which is further defined as "knowingly and with intent to defraud, engaging in an act or acts pursuant to which a person .”
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