State of New York

1. A person is guilty of a scheme to defraud in the first degree when
he or she: (a) engages in a scheme constituting a systematic ongoing
course of conduct with intent to defraud ten or more persons or to
obtain property from ten or more persons by false or fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; or (b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to defraud more than
one person or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains
property with a value in excess of one thousand dollars from one or more
such persons; or (c) engages in a scheme constituting a systematic
ongoing course of conduct with intent to defraud more than one person,
more than one of whom is a vulnerable elderly person as defined in
subdivision three of section 260.30 of this chapter or to obtain
property from more than one person, more than one of whom is a
vulnerable elderly person as defined in subdivision three of section
260.30 of this chapter, by false or fraudulent pretenses,
representations or promises, and so obtains property from one or more
such persons.
2. In any prosecution under this section, it shall be necessary to
prove the identity of at least one person from whom the defendant so
obtained property, but it shall not be necessary to prove the identity
of any other intended victim, provided that in any prosecution under
paragraph (c) of subdivision one of this section, it shall be necessary
to prove the identity of at least one such vulnerable elderly person as
defined in subdivision three of section 260.30 of this chapter.
Scheme to defraud in the first degree is a class E felony.

A person is guilty of endangering the welfare of an incompetent or
physically disabled person in the second degree when he or she
recklessly engages in conduct which is likely to be injurious to the
physical, mental or moral welfare of a person who is unable to care for
himself or herself because of physical disability, mental disease or
defect.
Endangering the welfare of an incompetent or physically disabled
person in the second degree is a class A misdemeanor.

A person is guilty of endangering the welfare of an incompetent or
physically disabled person in the first degree when he knowingly acts in
a manner likely to be injurious to the physical, mental or moral welfare
of a person who is unable to care for himself or herself because of
physical disability, mental disease or defect.
Endangering the welfare of an incompetent or physically disabled
person in the first degree is a class E felony.

For the purpose of sections 260.32 and 260.34 of this article, the
following definitions shall apply:
1. “Caregiver” means a person who (i) assumes responsibility for the
care of a vulnerable elderly person, or an incompetent or physically
disabled person pursuant to a court order; or (ii) receives monetary or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
2. “Sexual contact” means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as
the touching of the victim by the actor, whether directly or through
clothing, as well as the emission of ejaculate by the actor upon any
part of the victim, clothed or unclothed.
3. “Vulnerable elderly person” means a person sixty years of age or
older who is suffering from a disease or infirmity associated with
advanced age and manifested by demonstrable physical, mental or
emotional dysfunction to the extent that the person is incapable of
adequately providing for his or her own health or personal care.
4. “Incompetent or physically disabled person” means an individual who
is unable to care for himself or herself because of physical disability,
mental disease or defect.
* NB There are 2 § 260.31’s

A person is guilty of endangering the welfare of a vulnerable elderly
person, or an incompetent or physically disabled person in the second
degree when, being a caregiver for a vulnerable elderly person, or an
incompetent or physically disabled person:
1. With intent to cause physical injury to such person, he or she
causes such injury to such person; or
2. He or she recklessly causes physical injury to such person; or
3. With criminal negligence, he or she causes physical injury to such
person by means of a deadly weapon or a dangerous instrument; or
4. He or she subjects such person to sexual contact without the
latter’s consent. Lack of consent under this subdivision results from
forcible compulsion or incapacity to consent, as those terms are defined
in article one hundred thirty of this chapter, or any other
circumstances in which the vulnerable elderly person, or an incompetent
or physically disabled person does not expressly or impliedly acquiesce
in the caregiver’s conduct. In any prosecution under this subdivision in
which the victim’s alleged lack of consent results solely from
incapacity to consent because of the victim’s mental disability or
mental incapacity, the provisions of section 130.16 of this chapter
shall apply. In addition, in any prosecution under this subdivision in
which the victim’s lack of consent is based solely upon his or her
incapacity to consent because he or she was mentally disabled, mentally
incapacitated or physically helpless, it is an affirmative defense that
the defendant, at the time he or she engaged in the conduct constituting
the offense, did not know of the facts or conditions responsible for
such incapacity to consent.
Endangering the welfare of a vulnerable elderly person, or an
incompetent or physically disabled person in the second degree is a
class E felony.

A person is guilty of endangering the welfare of a vulnerable elderly
person, or an incompetent or physically disabled person in the first
degree when, being a caregiver for a vulnerable elderly person, or an
incompetent or physically disabled person:
1. With intent to cause physical injury to such person, he or she
causes serious physical injury to such person; or
2. He or she recklessly causes serious physical injury to such person.
Endangering the welfare of a vulnerable elderly person, or an
incompetent or physically disabled person in the first degree is a class
D felony.