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

N.Y. Penal Law § 176.30 (2026)

Insurance fraud in the first degree

✓ current as of May 2026
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§ 176.30 Insurance fraud in the first degree.
  A person is guilty of insurance fraud in the first 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 one million dollars.
  Insurance fraud in the first degree is a class B felony.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1988–2025 · leading case: People v. Boothe, 944 N.E.2d 1137 (NY 2011).
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People v. Boothe, 944 N.E.2d 1137 (NY 2011). · cites it 2× “Defendant, the chief operating officer and executive vice-president of a managed health care provider, was indicted on charges that included two counts of insurance fraud in the first degree (Penal Law § 176.30). A person is guilty of that offense “when he commits a fraudulent…”
Scheiner v. Wallace, 832 F. Supp. 687 (S.D.N.Y. 1993). “10(1); (2) Insurance Fraud in the First Degree, in violation of Penal Law Section 176.30; and (3) Attempted Grand Larceny in the First Degree, in violation of Penal Law Sections 110.”
Scheiner v. Wallace, 860 F. Supp. 991 (S.D.N.Y. 1994). “10(1); (2) Insurance Fraud in the First Degree, in violation of Penal Law § 176.30; and (3) Attempted Grand Larceny in the First Degree, in violation of Penal Law §§ 110.”
People v. Ferone, 136 A.D.2d 282 (N.Y. App. Div. 1988). “Under the 1986 amendment, the aggravating dollar amount in respect to the first degree crime—now a class B felony—was increased to $1,000,000 (see, Penal Law § 176.30), . The theft of the second draft forms the basis of a separate count of the indictment under which the…”
People v. Trump, 2025 NY Slip Op 04756 (N.Y. App. Div. 2025). · cites it 4× “" Penal Law § 176.30 (the first degree) which is a class B Felony, applies to a fraudulent insurance act for "value in excess of one million dollars.”
Scheiner v. Wallace, 955 F. Supp. 232 (S.D.N.Y. 1997). “10(1); (2) Insurance Fraud in the First Degree, in violation of *236 Penal Law § 176.30; and (3) Attempted Grand Larceny in the First Degree, in violation of Penal Law §§ 110.”
People v. Boothe, 68 A.D.3d 402 (N.Y. App. Div. 2009). “Penal Law § 176.30 prohibits fraudulent insurance acts involving thefts or attempted thefts in excess of $1 million.”
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