New York Consolidated Laws

N.Y. Penal Law § 158.30 (2026)

Criminal use of a public benefit card in the second degree

✓ current as of May 2026

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§ 158.30 Criminal use of a public benefit card in the second degree.
  A person is guilty of criminal use of a public benefit card in the
second degree when he or she knowingly:
  1. Loans money or otherwise provides property or services on credit,
and accepts a public benefit card as collateral or security for the
repayment of such loan or for the provision of such property or
services;
  2. Obtains a public benefit card in exchange for a benefit; or
  3. Transfers or delivers a public benefit card to another (a) in
exchange for money or a controlled substance as defined in subdivision
five of section 220.00, or (b) for the purpose of committing an unlawful
act.
  Criminal use of a public benefit card in the second degree is a class
A misdemeanor.

Notes of Decisions

Cited in 3 cases, 2016–2016 · leading case: People v. Horton, 145 A.D.3d 1575 (N.Y. App. Div. 2016).

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People v. Horton, 145 A.D.3d 1575 (N.Y. App. Div. 2016). “We agree with defendant that County Court abused its discretion in precluding defendant from adducing evidence or cross-examining the complainant with respect to the complainant’s alleged history of engaging in other unlawful transactions involving her public benefit card (see…”

Horton, Ayiesha, People v. (N.Y. App. Div. 2016). “We agree with defendant that County Court abused its discretion in precluding defendant from adducing evidence or cross-examining the -2- 1185 KA 13-01078 complainant with respect to the complainant’s alleged history of engaging in other unlawful transactions involving her…”

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