Unlawfully Using Slugs in New York

With an abundance of coin and card operated machines in New York, the crime of unlawfully using slugs is a somewhat common occurrence. With so many scammers and frauds operating today, it is not improbable to find yourself facing charges for unlawfully using slugs.

Some instances, which may lead to such charges, are:

Using a coin at the local Laundromat.
Using the subway card given to you by a classmate.
Accidentally using a counterfeit bill in a vending machine.

Statutes Governing Unlawfully Using Slugs In New York

Article 170 of the New York State Penal Law encompasses the crimes of forgery and related offenses. One of the crimes outlined in this section is unlawfully using slugs. The crime of unlawfully using slugs is divided into two degrees, depending on the value of the slugs in question. Before diving into the offenses themselves, let’s define some key terms for the purposes of this crime.

Legal Definition of Slug under New York Penal Law

Under NY PL § 170.50 a “slug” is defined as any article or object that because of its size, shape, or other physical quality is capable of being used as a substitute for a genuine coin, token, or bill when inserted into a coin machine.

This section also defines a “coin machine” as a mechanical or electronic device such as a turnstile, coin box, or vending machine that is designed to intake a coin, token or bill and in return provides some service or something of value. This section also goes onto to define the value of a slug as the value of the coin, token, or bill which it is illegally substituted for.

Under New York law unlawfully using a slug is committed in either the second or first degree. NY PL § 170.55 outlines the crime of unlawfully using slugs in the second degree. The crime of unlawfully using slugs in the second degree is a class B misdemeanor under New York law. In order to be convicted of unlawfully using slugs in the second degree, the prosecutor must prove all of the following elements as true:

You inserted or deposited a slug into a coin machine;

You satisfy this element of the offense by providing the slug to the coin machine. For purposes of this section, a coin, token, or bill are all versions of slugs.
For example, if you possess a slug made to replace a quarter and insert it into a laundry machine and turn the knob to begin the cycle, you have satisfied the first element of the offense.

With the intent to defraud the owner of said coin machine; or

In order to satisfy this element of the offense, you must have the intent to defraud the owner of the coin machine. It is not necessary that you precisely know who owns the machine.
For example, if you walk into an arcade and knowingly use a slug in a video game, you have satisfied this element of the crime. If however, you had been given a counterfeit one-dollar bill as change at the corner store and use the bill to get four quarters at the arcade, you did not have the intent to defraud the arcade, and you have not satisfied the element.

You make, possess, or dispose of a slug;

You satisfy this element of the crime when you manufacture, retain, or position a slug.
For example, if you strategically place a slug in a hidden place for another person to subsequently retrieve and use, you have satisfied this element of the crime.

With the intent of allowing another person to insert or deposit it into a coin machine.

In order to satisfy this element, you must have made, possessed, or disposed of the slug with the intent that another person uses the slug by inserting it into a coin machine.
For example, if you hide a slug behind a dumpster for an associate to later pick up and use, you have satisfied the element. However, if you simply stumble across a slug, examine it, and return it to the ground and it is later used in a coin machine, you have not demonstrated the requisite intent and have not satisfied the final element of the crime.

NY PL § 170.60 outlines the crime of unlawfully using slugs in the first degree. The crime of unlawfully using slugs in the first degree is a class E felony under New York law. In order to be convicted of unlawfully using slugs in the first degree, the prosecutor must prove all of the following elements as true:

You make, possess, or dispose of a slug;

You satisfy this element of the crime when you manufacture, retain, or position a slug.
For example, if you strategically place a slug in a hidden place for another person to subsequently retrieve and use, you have satisfied this element of the crime.

With the intent of allowing another person to insert or deposit it into a coin machine; and

In order to satisfy this element, you must have made, possessed, or disposed of the slug with the intent that another person uses the slug by inserting it into a coin machine.
For example, if you hide a slug behind a dumpster for an associate to later pick up and use, you have satisfied the element. However, if you simply stumble across a slug, examine it, and return it to the ground and it is later used in a coin machine, you have not demonstrated the requisite intent and have not satisfied the final element of the crime.

The value of the slug exceeds one-hundred dollars ($100)

dollars ($100).
For example, if you use a slug to defraud a parking garage payment machine for a week’s worth of parking in Manhattan, you have satisfied this element of the crime.

Federal Statutes on Unlawfully Using Slugs

There is also some federal law that deals with the use of slugs and similar devices. Chapter 25 of Title 18 of the United States Code is entitled “Tokens or paper used as money.” Under 18 U.S.C. § 491, there are two situations where you make violate this federal statute. The federal prosecutor must prove all of the following in order to convict you of this crime:

You are eighteen (18) years old or older; and
You are at least the age of majority.
You make an unauthorized slug; and
You manufacture a coin, card, or token.
For example, if you produced a counterfeit half-dollar coin, you have satisfied this element of the crime.
The slug is intended to be used as money; or
The purpose behind the production of the slug was to use it as a way to defraud some coin machines and act as a counterfeit payment of United States currency.
For example, if you produced a bill that was intended to look like a Federal Reserve Note, you have satisfied this element of the crime.
You are eighteen (18) years old or older; and
You are at least the age of majority.
You make or use any slug (designed to replace US currency) to procure anything of value.
You manufacture or retain a slug or similar device that is intended to defraud a coin machine by acting as a counterfeit payment of United States currency.
For example, if you produced a bill that was intended to look like a Federal Reserve Note, you have satisfied this element of the crime.

You manufacture, sell, or advertise for sale;
For example, if you create, post an online advertisement for the sale of, or actually complete the sale of a token or slug, you have satisfied this element of the crime.
Any token or slug that is similar to lawful United States currency, or other device issues for the purpose of rationing food or fiber from a United States agency;
For example, in addition to the reproduction of unauthorized Federal Reserve Notes, this element of the crime is satisfied if you use a counterfeit food stamp or EBT card.
With reason to believe or actual knowledge that the slug, token, or other devices will be used to fraudulently procure something of value from some lawful receptacle or machine.
For example, if you sell a counterfeit EBT card to another person openly expressing a desire to use the card to gain unauthorized value from the said program, you have satisfied this element of the crime.

Violation of either of these sections of 18 U.S.C. § 491 can result in a fine in accordance with section 491, a period of imprisonment not to exceed one (1) year, or both. Furthermore, the federal statute specifically states that prosecution under this section of the United States Code does not preclude prosecution under any state law. As you can see, one act can lead to two or more separate prosecutions, which can carry hefty fines and possible jail time. For these reasons, it is imperative that you call us today to speak to one of our highly trained legal professionals.

Offenses Related to the Unlawful Using Slugs

Article 170 of the New York Penal Law covers forgery and related offenses. One crime under this article that is possible to be charged with in addition to charges of unlawfully using slugs is criminal possession of forgery devices.

Criminal possession of forgery devices is codified at NY PL § 170.40. Criminal possession of forgery devices is a class D felony under New York law, punishable by a maximum of seven (7) years imprisonment or probation and a fine. In order to be convicted, the prosecutor must prove all of the following elements:

You possess a plate, die, or other pieces of equipment designed specifically for forging or counterfeiting written instruments; and
In order to satisfy this element of the crime, you must have a piece of the specifically designed equipment in your possession.
For example, if you have a piece of equipment that is made specifically to produce fake Federal Reserve Notes in the basement of the home you own, you have satisfied this element of the crime
You have knowledge of the purpose of such equipment; or
In order to satisfy this element, you must have knowledge of the illegal purpose of the device.
For example, if a family friend brings a piece of equipment to your house and tells you it is for producing phone cards for his new long-distance calling service, but the equipment is in fact for making counterfeit EBT cards, your lack of knowledge may prevent you from satisfying this element of the crime.
You make or possess equipment capable or adaptable to the purpose of forgery; and
In order to satisfy this element of the crime, you must retain or have manufactured equipment specifically for the purpose of committing forgery.
For example, if you are in possession of equipment that can be transformed into a counterfeit money-producing machine, you have satisfied this element of the crime.
You intend to use it for such purposes
In order to satisfy this element of the crime, you must have the specific purpose of using the equipment for the purposes of forgery.
For example, if you decided to attempt to produce a machine capable of making fake Federal Reserve Notes, but you proved to the court it was only to test your technical skills and that upon completion you intended to destroy the equipment, you may be able to avoid satisfying this element of the crime and therefore may escape prosecution.

What can happen if a suspect has violated the statutes through the production of slugs?

This crime may also be charged simultaneously with unlawfully using slugs in the event the suspect has violated the statutes through the production of slugs. If the suspect has his home or place of operations searched and they find the equipment he/she has been using to produce the slugs, he/she may face charges under both statutes.

Furthermore, there is the possibility of federal prosecution if the circumstances are applicable. With the ability for state and federal charges to stack up, you cannot afford to fight these charges without a knowledgeable attorney in your corner.

Agencies Tasked with Prosecuting Unlawfully Using Slugs

Because of the many entities that are involved in the unlawful use of slugs, the number of potential investigators is great. The store owner or municipality that owns the coin machines has an interest in protecting their profits, so they are constantly on the lookout for those using slugs to deceive the machines. In a situation where someone is using a slug as a substitute for a subway card, the transportation agency will have agents positioned and trained to look for slugs. Due to the population density of New York City NYPD officers are also trained to look for these sorts of crimes. New York has many Laundromats, which may be targeted for the unlawful use of slugs.

Federal Agencies That May Get Involved

Because many instances of unlawfully using slugs involve slugs that are designed to replace coins which are United States currency. If the unlawful use of slugs includes slugs made to imitate the United States coins, the federal government may also get involved.

Some federal agencies that may get involved include, but are not limited to; The Federal Bureau of Investigation (FBI), The United States Treasury Department, and the Office of the Attorney General. As mentioned, a federal prosecution does not bar you from being prosecuted on the state level, and it is possible you could be convicted of both and be forced to serve consecutive sentences.

With so much on the line, it is in your best interest to have a skilled attorney working for you against a nearly unending stream of government officials.

Statutory Penalties for Unlawfully Using Slugs

The penalties for unlawfully using slugs vary depending on the prosecuting body and the degree of the offense. If you are convicted of the federal offense defined under 18 U.S.C. § 491, Tokens or paper used as money, you may face up to one year of imprisonment and a fine, or both, for each count. If you are convicted under New York Penal Law of unlawfully using slugs, the penalty will depend on which degree of the offense you are convicted of.

If you are convicted of unlawfully using slugs in the second degree under NY PL § 170.55, you are guilty of a class B misdemeanor. A class B misdemeanor is punishable by a jail sentence not to exceed three (3) months or probation, a fine not to exceed one thousand dollars ($1,000), or both. If you are convicted of unlawfully using slugs in the first degree under NY PL § 170.60, you are guilty of a class E felony.

A class E felony is punishable by a jail sentence not to exceed four (4) years imprisonment or probation, and a fine. As you can see, if you get caught up in any kind of slug producing operation, the charges and the penalties can add up quickly on the federal and state level. With this in mind, don’t hesitate to call us today.

Additional Consequences

In addition to the potential jail and financial consequences of being convicted of unlawfully using slugs, other consequences may affect you as well. Once the establishment(s) at which you used the slugs find out you are almost certain to be banned from there.

Furthermore, vendors in the area may place you under intensified scrutiny when patronizing their establishments. If you are convicted of unlawfully using slugs in the first degree, you are now a felon and must deal with the additional consequences of that. Many aspects of your life are likely to be impacted, such as your ability to find housing or steady employment, as well as the inability to access government benefits, including student loans.

Legal Defenses to Unlawfully Using Slugs

There are some legal defenses that may be able to protect you from a charge of unlawfully using slugs. It may be a defense that you did not know that you were in possession of or had used a slug. Because a slug is meant to be a substitute for a genuine article, you have been fooled into obtaining or using the slug.

If this is the case, you do not possess the necessary intent to defraud the owner of the coin machine. You may similarly lack the intent that the object you produce to be used to defraud the owner of a coin machine. If you are being charged because you disposed of a slug for another person to use, you may also have the defense that you were unaware it was a slug and had simply misplaced a legitimate coin, token, or bill.

In order to properly defend yourself from a charge of unlawfully using slugs, it is essential that you contact us today and retain one of our skilled legal professionals.

We Are Here To Help, Call Us Now!

Unlawfully using slugs is a more serious crime than you may have thought and can have some harsh legal consequences. With the potential for fines, probation, and even jail time, having a knowledgeable lawyer can make all the difference in the world.

The justice system tries to eliminate fraud and the related activities and treats instances of fraud very harshly. Retaining counsel early on in the legal process ensures the highest likelihood of a positive outcome for you.

For any questions about unlawfully using slugs in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to use today. We have a nearby office that will be able to assist you.