A person is guilty of criminal diversion of prescription medications and prescriptions in the third degree when he or she: 1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of one thousand dollars; or 2. commits the crime of criminal diversion of prescription medications and prescriptions in the fourth degree, and has previously been convicted of the crime of criminal diversion of prescription medications and prescriptions in the fourth degree. Criminal diversion of prescription medications and prescriptions in the third degree is a class E felony.
New York Legal Code