N.Y. Penal Law § 176.35 (2026)

§ 176.35 Aggravated insurance fraud.
  A person is guilty of aggravated insurance fraud in the fourth degree
when he commits a fraudulent insurance act, and has been previously
convicted within the preceding five years of any offense, an essential
element of which is the commission of a fraudulent insurance act.
  Aggravated insurance fraud in the fourth degree is a class D felony.