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

N.Y. Penal Law § 176.20 (2026)

Insurance fraud in the third degree

✓ current as of May 2026
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§ 176.20 Insurance fraud in the third degree.
  A person is guilty of insurance fraud in the third degree when he
commits a fraudulent insurance act and thereby wrongfully takes, obtains
or withholds, or attempts to wrongfully take, obtain or withhold
property with a value in excess of three thousand dollars.
  Insurance fraud in the third degree is a class D felony.
Notes of Decisions
Cited in 43 cases (4 in the last 5 years), 1985–2025 · leading case: Petronio v. Walsh, 736 F. Supp. 2d 640 (E.D.N.Y 2010).
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Petronio v. Walsh, 736 F. Supp. 2d 640 (E.D.N.Y 2010). · cites it 2× “25 (2), insurance fraud in the third degree, N.Y. Penal Law § 176.20 , and tampering with physical evidence, N.”
People v. Alfaro, 108 A.D.2d 517 (N.Y. App. Div. 1985). · cites it 2× “In 1982, Alfaro and Hirsch were both indicted on charges of insurance fraud in the first degree (Penal Law § 176.20) and attempted grand larceny in the second degree (Penal Law §§ 155.”
People v. Gelfand, 131 Misc. 2d 268 (N.Y. Sup. Ct. 1986). · cites it 3× “35) and with five counts of insurance fraud in the first degree (Penal Law § 176.20). Motions were subsequently served by the defendants, including a motion to dismiss, and a request that the court inquire into the constitution and vote of the Grand Jury to ascertain if the…”
People v. Stevens, 65 A.D.3d 759 (N.Y. App. Div. 2009). · cites it 2× “Defendant argues that had she filed a claim with her insurance carrier for the damages caused to the vehicle as a result of the accident, she would have been entitled to recover under the policy and, therefore, under the evidence presented, she did not have a “larcenous intent”…”
People v. Kisina, 924 N.E.2d 792 (NY 2010). “65 [1] [b]), two counts of insurance fraud in the third degree (Penal Law § 176.20) and two *156 counts of falsifying business records in the first degree.”
Howard v. Stature Elec., Inc., 986 N.E.2d 911 (NY 2013). “In November 2005, claimant was arrested and faced four charges: insurance fraud in the third degree (Penal Law § 176.20), grand larceny in the third degree (Penal Law § 155.”
In re Krouner, 305 A.D.2d 932 (N.Y. App. Div. 2003). “On February 20, 2003, respondent pleaded guilty to three felonies in Supreme Court in Albany County: insurance fraud in the third degree, a class D felony (see Penal Law § 176.20), grand larceny in the fourth degree, a class E felony (see Penal Law § 155.”
People v. Murray, 2021 NY Slip Op 00722 (N.Y. App. Div. 2021). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of insurance fraud in the third degree (Penal Law § 176.20) and falsifying business records in the first degree (§ 175.”
People v. Michael, 210 A.D.2d 874 (N.Y. App. Div. 1994). · cites it 2× “Memorandum: Defendant contends that her conviction of insurance fraud in the third degree (Penal Law § 176.20) must be reversed because the proof is insufficient to establish that she committed arson or any other act that could be construed as a fraudulent insurance act and is…”
People v. Murray, 2020 NY Slip Op 4255 (N.Y. App. Div. 2020). “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of insurance fraud in the third degree (Penal Law § 176.20) and falsifying business records in the first degree (§ 175.”
People v. Hade, 255 A.D.2d 768 (N.Y. App. Div. 1998). · cites it 2× “As a result, he was indicted, charged and convicted of one count of grand larceny in the third degree and two counts of insurance fraud in the third degree. Upon this appeal from the jury verdict, he contends that the evidence was legally insufficient, that the People failed to…”
People v. O'Boyle, 136 Misc. 2d 1010 (N.Y. Sup. Ct. 1987). · cites it 2× “Defendant stands indicted for committing the crime of insurance fraud in the first degree (Penal Law § 176.20). He *1011 moves, pursuant to CPL 210.”
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