N.Y. Penal Law § 158.05 : Offenses Involving Theft — Penal — Welfare Fraud — Welfare fraud in the fifth degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 A person is guilty of welfare fraud in the fifth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits. Welfare fraud in the fifth degree is a class A misdemeanor. N.Y. Penal Law § 158.05