New York – Staged Accidents – CLS Penal Β§ 176.75

Β§ 176.75. Staging a motor vehicle accident in the second degree.

A person is guilty of staging a motor vehicle accident in the second degree when, with intent to commit and in furtherance of a fraudulent insurance act, he or she operates a motor vehicle and intentionally causes a collision involving a motor vehicle.

Staging a motor vehicle accident in the second degree is a class E felony.

Β§ 176.80. Staging a motor vehicle accident in the first degree.

A person is guilty of staging a motor vehicle accident in the first degree when he or she commits the offense of staging a motor vehicle accident in the second degree and thereby causes serious physical injury or death to another person, other than a participant in such offense.

Staging a motor vehicle accident in the first degree is a class D felony.

Β§ 68.4.2. Aggravated staging of a motor vehicle collision

A. Aggravated staging of a motor vehicle collision is the staging of a motor vehicle collision, as defined in R.S. 14:68.4.1, which causes death or serious bodily injury to another person.

B. Whoever commits the crime of aggravated staging of a motor vehicle collision shall be imprisoned, with or without hard labor, for not less than five years nor more than thirty years, fined not more than fifteen thousand dollars, or both.

Β§ 68.4.1. Staging of a motor vehicle collision

A. Staging of a motor vehicle collision is any of the following with an intent to defraud:

(1) Causing a motor vehicle collision for the purpose of obtaining anything of value.

(2) Providing information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of obtaining anything of value.

(3) Providing false information in connection with a motor vehicle collision that did not occur for the purpose of obtaining anything of value.

B. Whoever commits the crime of staging of a motor vehicle collision shall be imprisoned, with or without hard labor, for not more than five years, fined not more than five thousand dollars, or both.

Β§ 33-1-9.1. Staging a collision; fraudulent claims

(a) A person shall be guilty of the crime of staging a collision when, with intent to commit insurance fraud as defined in Code Section 33-1-9, such person does any of the following:

(1) Intentionally causes or attempts to cause a motor vehicle collision; or

(2) Engages in a scheme to fabricate evidence of a motor vehicle collision that did not occur.

Staging a collision shall constitute a felony punishable by no less than one year nor more than five years’ imprisonment.

(b) A person shall be guilty of the crime of aggravated staging of a collision when, with intent to commit insurance fraud as defined in Code Section 33-1-9, such person commits acts in violation of subsection (a) of this Code section which result in serious personal injury to another. Aggravated staging of a collision shall constitute a felony punishable by no less than two years nor more than ten years’ imprisonment.

(c) A person shall be guilty of the crime of making a fraudulent claim related to a staged collision when such person makes, or assists in making, a claim for insurance benefits of any type or brings, or assists in bringing, a civil lawsuit against another seeking monetary damages with knowledge that the injuries for which insurance benefits or monetary damages are sought resulted from a staged collision, or seeks to obtain any benefit to which such claimant is not legally entitled. Making a fraudulent claim related to a staged collision shall constitute a felony and shall be punishable by no less than one year nor more than five years’ imprisonment.

Β§ 18-5-211. Insurance Fraud -definitions

(1)A person commits insurance fraud if the person does any of the following:

(c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim;

(4) Insurance fraud committed in violation of paragraphs (b) to (e) of subsection (1) of this section or subsection (2) or (3) of this section is a class 5 felony.

Β§ 550. False or fraudulent claims or statements; prohibited acts

(a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the following:

(3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim.

(c)(1) Every person who violates paragraph (1), (2), (3), (4), or (5) of subdivision (a) is guilty of a felony punishable by imprisonmentΒ pursuant to subdivision (h) of Section 1170Β for two, three, or five years, and by a fine not exceeding fifty thousand dollars ($50,000), or double the amount of the fraud, whichever is greater.