$557. Oppression and extortion committed under color of official right.-A public officer who asks, or receives, or agrees to receive, a fee or other compensation for his official service, either 1. In excess of the fee or compensation allowed to him by statute therefor; or 2. Where no fee or compensation is allowed to him by statute therefor; Commits extortion and is guilty of a misdemeanor. See sections 48, 49 and 50, ante. § 558. Blackmail.-A person who, knowing the contents thereof, and with intent, by means thereof, to extort or gain any money or other property, or to do, abet, or procure any illegal or wrongful act, sends, delivers, or in any manner causes to be forwarded or received, or makes and parts with for the purpose that there may be sent or delivered, any letter or writing, threatening 1. To accuse any person of a crime; or 2. To do any injury to any person or to any property; or 3. To publish or connive at publishing any libel; or 4. To expose or impute to any person any deformity or disgrace; Is punishable by imprisonment for not more than five years. See section 254, ante. Former statute.-The former statute was intended to embrace only cases where the intent to obtain that which, in justice and equity, the writer of the letter was not entitled to receive. People v. Griffin, 2 Barb., 427. It did not extend to cases where the person threatened actually owed the writer the sum claimed by him. Id. Construction. No precise words are needed to convey a threat. People v. Thompson, 97 N. Y., 313; 2 N. Y. Cr., 527. It may be done by innuendo or suggestion. Id. To ascertain whether a letter conveys a threat, all its language together with the circumstances under which it was written, and the relations between the parties, may be considered. Id. If it can be found that the proper and natural effect of the letter is to convey a threat, then the mere form of words is unimportant. Id. Where made.-A threat of the character mentioned in the statute must be made in the letter delivered to the complainant. People v. Gillian, 18 St. Rep., 681; 50 Hun, 38; 2 N. Y. Supp,, 477. But parol evidence is admissible to show that, by the language, etc., used, the writer intended to make the threat, and the receiver so understood its meaning. Id. By whom. To make out the crime specified in this section, it is not neces sary to show that the threat was against the person to whom the letter was sent or addressed, or that its writer or sender was the one threatening to do the unlawful act. People v. Thompson, 97 N. Y., 317; 2 N. Y. Cr., 526. It may be committed by one who sends a letter conveying a threat of some other person to do the forbidden acts, provided he sends the letter for the unlawful purposes mentioned in the section. Id. Nor is it needful that the threat should inspire fear, or that it should be calculated to produce terror. Id. But if the threat is of the kind mentioned in the section, and is made and conveyed with the view and intent specified therein, the crime has been committed, however far the threat may have fallen short of its purpose. Id. Id. Friendship.-This section cannot be evaded under the guise of friendship. Honest demand.-An honest demand for indemnity for a wrong, made in good faith, accompanied by a suggestion that legal proceedings will be resorted to unless satisfaction is voluntarily made, is not a threat within the section, though the wrong is one, the disclosure of which will bring disgrace upon the guilty party. People v. Wightman, 5 St. Rep., 787; 104 N. Y., 601; 5 N. Y. Cr., 549, aff g 6 St. Rep., 521; 43 Hun, 358. Illegal act.-It is not essential that the threat on its face be to do an illegal act. Id. An accusation in writing of an act involving moral turpitude, known by the writer to be false, accompanied with a suggestion that legal proceedings will be taken, unless the person, against whom it is made, purchases silence, may be a threat within the section, though, in form, the accused is only called upon to render satisfaction for that which, if the charge is true, will entitle the accuser to pecuniary compensation. Id. Crime.-The gist of the offense is the attempt to extort money by a malicious threat to accuse of some crime. People v. Gillian, 18 St. Rep., 681; 50 Hun, 382 N. Y. Supp., 477. The words used do not constitute the offense without the accompanying intent to extort. Id. What constitutes.-What facts constitute the crime of forwarding threatening letters, under this section. People v. Wightman, 6 St. Rep., 521; 43 Hun, 358; aff'd, 5 St. Rep., 787; 104 N. Y., 601; 5 N. Y. Cr., 549. $559. Sending, etc., of threatening or annoying letters, etc., penalty for.-A person who knowing the contents thereof, sends, delivers, or in any manner causes to be sent or received any letter or other writing threatening to do any unlaw fal injury to the person or property of another, or any person who shall knowingly send or deliver or shall make and for the urpose of being delivered or sent, shall part with the possession of any letter, postal card or writing with or without a name subscribed thereto or signed with a fictitious name or with any letter, mark or other designation, with intent thereby to cause annorance to any person, is guilty of misdemeanor. Am'd by chap. 120 of 1891. This amendment added the latter provision of the present section. 560. Attempt to extort money, or property, by verbal threats.-A person who under circumstances not amounting to bbery, or an attempt at robbery, with intent to extort or gain money or other property, verbally makes such a threat as uld be criminal under either of the foregoing sections of this chapter, if made or communicated in writing, is guilty of a mis demeanor. $561. Unlawful threat referring to act of third person. -It is immaterial whether a threat, made as specified in this apter, is of things to be done or omitted by the offender, or by any other person. See notes under section 558, ante. CHAPTER VI. False Personation, and Cheats. SECTION 562. Falsely personating another. 563. Limitations as to indictment. 564. Receiving property in false character. 565. persons. SECTION 566. Obtaining signature by false pretenses. 566a. Obtaining or giving false pedigree of animals, how punished. 568. Obtaining negotiable evidence of debt by false pretenses. 569. Using false check or order for payment of money. 570. Obtaining employment by false statements or fraudulent repre sentations as a deaf and dumb person, a misdemeanor. 571. Selling or secreting property with intent to defraud. 572. Pawning, etc., borrowed property. 573. Personating beneficiary of entrance ticket. 574. Mock auctions. § 562. Falsely personating another.-A person who falsely personates another, and, in such assumed character, 1. Marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of the latter; or 2. Becomes bail or surety for a party in an action or special proceeding, civil or criminal, before a court or officer authorized to take such bail or surety; or 3. Confesses a judgment; or 4. Subscribes, verifies, publishes, acknowledges, or proves a written instrument, which by law may be recorded, with intent that the same may be delivered or used as true; or 5. Does any other act, in the course of any action or proceeding, whereby, if it were done by the person falsely impersonated, such person might in any event become liable to an action or spe cial proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture, or penalty, or whereby any benefit might accrue to the offender, or to another person; Is punishable by imprisonment in a state prison for not more than ten years. The Code makes no attempt to define, in terms, what constitutes a cheat. People v. Olsen, 39 St. Rep., 297. $ 563. Limitations as to indictments.-An indictment cannot be found, for the crite specified in subdivision first of the last section, except upon the complaint of the person injured, if there be any such person living, and within two years after the perpetration of the crime. § 564. Receiving property in false character.-A person, who falsely personates another, or the officer or agent of any legally organized or incorporated society or institution, or falsely represents himself to be such an officer or agent, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual or society, or institution or its officers or agents, so personated, or whose officer or agent he falsely claims to be, with the intent to convert the same to his own use or to that of another person who is not entitled thereto, is punishable in the same manner and to the same extent as for larceny, of the money or property so received. Am'd by chap. 327 of 1899. In force Sept. 1, 1899. § 565. Personating officers, policemen and other persons. -A person who falsely personates a public officer, civil or 2 military, or, a policeman, or a private individual having special authority by law to perform an act affecting the rights or interests of another, or who assumes, without authority, any uniform or badge by which such an officer or person is lawfully distinguished, and in such assumed character does an act, purporting to be official, whereby another is injured or defrauded, is guilty of a misdemeanor. A port warden of another state, who had assumed the office of port warden in this state, was held, in Curtin v. People, 26 Hun, 564; aff'd, without opinion, in 89 N. Y., 621, punishable under chap. 87 of 1881. 566. Obtaining signature by false pretenses. A person who, with intent to cheat or defraud another, designedly, by color or aid of a false token or writing, or other false pretense, obtains the signature of any person to a written instrument, is punishable by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than three times the value of the money or property affected or obtained thereby, or by both such fine and imprisonment. See sections 528, 529 and 544, ante. What constitutes.-The obtaining of the signature of a person as an indorser upon a promissory note by false pretenses, with the intent to cheat and defraud him, is an offense within this section. People v. Cole, 48 St. Rep., 351; 20 N. Y. Supp., 505. The fact that the person so defrauded was credulous and unwary is immaterial. Id. Where the signature of a municipal officer was procured to a false claim of indebtedness against the municipal corporation by its presentation under such circumstances and in such a manner as was calculated to deceive him, a conviction will be sustained. People ex rel. Phelps v. Court, etc., 83 N. Y., 436. Sole inducement.-The false pretense need not be the sole inducement to the act of the party defrauded. Ià. The signing of the instrument must be occasioned, or materially influenced, by the false pretenses. Therasson v. People, 82 N. Y., 238; rev'g 20 Hun, 55. The defrauded party, in giving his signature, must rely upon them. Id. This fact need not be established by direct proof, but may be inferred from the facts tending legitimately to show it. Id. Silence. To create the false representation, spoken or written words are not necessary. People ex rel. Phelps v. Court, etc., 83 N. Y., 436. A mute or silent act may convey the falsehood, and if it does, it constitutes the cffense. Id. Indictment. It is not essential to set forth all the details of the fraud. d. It is sufficient to specify particularly the pretenses, to aver their falsity and the fraudulent intent, and to show how they were effectual in accomplishag the fraud. Id. If the false pretense is capable of defrauding, it is sufliceat; this must be determined by the circumstances of each particular case. Id. Evidence. On the trial of an indictment under this section, evidence that defendant procured the defrauded person to indorse other notes from time to time to a large amount, which finally resulted in his financial ruin, is competas bearing on the former's motive. People v. Cole, 48 St. Rep., 351; 20 N. Y. Supp., 505. Question for jury-Whether the representations were made for the purse of inducing the defrauded person to indorse the note, and with intent to that and defraud him, and whether they were false and were calculated to ceive him, are questions for the jury. Ïd. The question whether the false pretense was calculated to deceive and was capable of defrauding, is one for the jury. People ex rel. Phelps v. Court, etc., 83 N. Y., 436. In order to convict under this section, the jury must find as a fact that the false pretense was uttered with the intent to cheat or defraud another. Brown v. People, 16 Hun, 535. The intent "to cheat and defraud" is an essential element of the offense. Id. § 566a. Obtaining or giving false pedig ree of animals, how punished.-Every person who by any false pretense shall obtain from any club, association, society or company for improv ing the breed of cattle, horses, sheep, swine or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society or company or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be ונ.: § 567-a. Obtaining by fraud or without authority signature to secret ken or vritten, red, ob tion, or ? or for or pre associa in this able by e to an btained Sperty § 567-b. Fraudulent use of the name or title of secret fraternities. Any person, firm, association, society, order or organization, or any officer, agent, representative or employee thereof, or person acting or pretending to act on behalf thereof who in a newspaper or other publication published in this state, or in any letter, writing, circular, paper, pamphlet or other written or printed notice, matter or device without authority of the grand lodge hereinafter mentioned fraudulently uses, or in any manner directly or indirectly aids in the use of the name or title of any secret fraternal association, society, order or organization which has had a grand lodge in this state for ten years, or any imitation of such name or title or any name or title so nearly resembling it as to be calculated to deceive, or who without such authority publishes, sells, lends, gives away, circulates or distributes any letter, writing, circular, paper, pamphlet or other written or printed notice, matter or device directly or indirectly advertising for or soliciting members or applications for membership in such secret fraternal association, society, order or organization, or in any alleged or pretended association, society, order or organization using or designated or claimed to be known by such title or imitation or resemblance thereof or who therein or thereby offers to sell, or to confer or to communicate or to give information directly or indirectly where, how, of whom, or by what means any alleged or pretended degree or any alleged or pretended erty, secret work or any alleged or pretended secrets of such secret fraternal association, society, order or organization or of any alleged or pretended association, society, order or organization designated or claimed to be known by such title or imitation or resemblance thereof can or may be obtained, conferred or communicated, is punishable by imprisonment for not more than three years or by a fine of not more than one thousand dollars for each offense. Added by L. 1906, ch. 485. In effect September 1, 1906. x and negoer the exist rison of by ney. nt of and |