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Current as of January 01, 2026 | Updated by Findlaw Staff
A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:
1. Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition; or
2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.
Fraud involving a security interest is a class A misdemeanor.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 185.05 Fraud involving a security interest - last updated January 01, 2026 | https://codes.findlaw.com/ny/penal-law/pen-sect-185-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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