New York Consolidated Laws
N.Y. Penal Law § 190.42 (2026)
Criminal usury in the first degree
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 190.42 Criminal usury in the first degree. A person is guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor's conduct was part of a scheme or business of making or collecting usurious loans. Criminal usury in the first degree is a class C felony.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1985–2022 · leading case: United States v. Bonanno Organized Crime Fam. of La Cosa Nostra, 683 F. Supp. 1411 (E.D.N.Y 1988).
United States v. Bonanno Organized Crime Fam. of La Cosa Nostra, 683 F. Supp. 1411 (E.D.N.Y 1988). “Paragraph 30 entitled “Act of Racketeering # 8” alleges that in 1973 Rastelli was convicted of seven counts of criminal usury in violation of N.Y.Penal L. § 190.42 and conspiracy to commit criminal usury, see People v.”
People v. Winograd, 502 N.E.2d 189 (N.Y. 1986). “In October 1983, the Winograds 1 were arrested and indicted for 51 counts of criminal usury (Penal Law § 190.42) and 16 counts of criminal possession of stolen property (Penal Law § 165.”
People v. Brown, 159 Misc. 2d 11 (N.Y. Sup. Ct. 1993). “*12 The indictment, as is relevant to this motion, reads as follows: "count one "The Grand Jury of the County of Kings, by this indictment, accuse the defendants, Victor Iadarola, Benito Iadarola and Bernard Brown, of the crime of Criminal Usury in the First Degree (Penal Law §…”
People v. Roth, 129 Misc. 2d 381 (1985). “65) and criminal usury in the first degree (Penal Law § 190.42) statutes. The gambling statute requires as part of a bookmaking or lottery or policy scheme or enterprise that multiple bets be taken in one day; the scheme to defraud statute requires a showing of a "systematic…”
People v. Valentzas, 517 N.E.2d 198 (N.Y. 1987). “Penal Law § 190.42 states in relevant part that "[a] person is guilty of criminal usury in the first degree when, not being *449 authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan * * * of any…”
People v. Scarnati, 140 A.D.2d 469 (N.Y. App. Div. 2d Dep't 1988). “The electronic eavesdropping warrant was issued based on probable cause to believe that the defendant was committing the crimes of criminal usury in the first degree (Penal Law § 190.42) and criminal usury in the second degree (Penal Law § 190.”
People v. Hernandez, 247 A.D.2d 912 (N.Y. App. Div. 4th Dep't 1998). “Memorandum: Defendant appeals from a judgment convicting him of 17 counts of criminal usury in the first degree (Penal Law § 190.42) and one count of possession of usurious loan records (Penal Law § 190.”
Brown v. Barr, No. 1:20-cv-00164 (E.D. Tenn. May 14, 2021). “In New York, it is a crime for an unlicensed lender to charge more than twenty-five percent per annum on any loan, pursuant to N.Y. Penal Law § 190.42 [Id. at ¶ 16]. Plaintiff pled guilty to one count of criminal usury in the first degree in the state of New York, which is a…”
Whitley v. City of Mount Vernon, No. 7:20-cv-09011 (S.D.N.Y. Dec. 8, 2022). “N.Y. Penal Law § 190.42 (McKinney) (setting criminal usury rate at 25% per annum).”
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