New York Consolidated Laws

N.Y. Penal Law § 176.25 (2026)

Insurance fraud in the second degree

✓ current as of May 2026

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§ 176.25 Insurance fraud in the second degree.
  A person is guilty of insurance fraud in the second 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 fifty thousand dollars.
  Insurance fraud in the second degree is a class C felony.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1994–2025 · leading case: People v. Abraham, 1 N.E.3d 797 (NY 2013).

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People v. Abraham, 1 N.E.3d 797 (NY 2013). “A person is guilty of insurance fraud in the second 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 fifty thousand dollars” (Penal Law §…”

People v. Chase, 299 A.D.2d 597 (N.Y. App. Div. 2002). “In support of this argument, defendant cites to this statement in County Court’s decision denying restitution to USF&G: “The [$100,000] payment by USF&G * * * was a settlement of the [d]efendant’s claims and covered *600 both the water/steam damage loss and the fire loss, and…”

Sterling Ins. v. Chase, 287 A.D.2d 892 (N.Y. App. Div. 2001). “Defendant, it will be recalled, was convicted of insurance fraud in the second degree, which requires the commission of a “fraudulent insurance act” (Penal Law § 176.25). A fraudulent insurance act, in turn, “is committed by any person who, knowingly and with the intent to…”

People v. Trump, 2025 NY Slip Op 04756 (N.Y. App. Div. 2025). · cites it 4× “" Penal Law § 176.25 (the second degree), is a class C Felony, applies to a fraudulent insurance act for "value in excess of fifty thousand dollars.”

Ingleton v. Holder, 529 F. App'x 41 (2d Cir. 2013). · cites it 3× “Ingleton challenges (1) the determination that his New York conviction for insurance fraud, see N.Y. Penal Law § 176.25 , constitutes an aggravated felony under the INA, see 8 U.”

People v. Permaul, 2019 NY Slip Op 5719 (N.Y. App. Div. 2019). “Footnotes Footnote 1: To the extent that defendant also argues that she did not commit a "fraudulent insurance act" in an effort to "wrongfully take, obtain or withhold property with a value in excess of" $50,000, we do not agree (Penal Law § 176.25; see Penal Law § 176.05).”

In re Feinberg, 201 A.D.2d 115 (N.Y. App. Div. 1994). “*116 On or about December 21, 1993, the respondent pleaded guilty to one count of insurance fraud in the second degree (Penal Law § 176.25), a felony, and was sentenced to probation for a term of five years and a $100,000 fine, payable to the Lawyer’s Fund for Client Protection.”

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