# Cheating on SAT Illegal? **URL:** \ **Category:** Factual Questions\ **Created:** [September 28, 2011, 5:32pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904 "2011-09-28T17:32:18Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [September 29, 2011, 7:27am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/21 "2011-09-29T07:27:10Z")
“other than some money”? What more do you want? Most gain is ultimately measured in monetary terms whether or not it is actual cash. As to the students who hired him, it may be that they were busted before having a chance to use the scores fraudulently to gain admission to a college. It could also be that it’s very difficult to prove that a single college entrance criteria (like a test score) made the difference between acceptance and not, or getting a scholarship or not. These are both just guesses, though, about a couple of things that a prosecutor would have to consider before leveling criminal charges at the kids. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [September 29, 2011, 12:38pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/22 "2011-09-29T12:38:34Z")
Just before you take the test, the SAT probably requires that you sign a document testifying that you are who you claim to be. That would open up all sorts of fraud charges if you forge the name of someone else. ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [September 29, 2011, 3:23pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/23 "2011-09-29T15:23:36Z")
> [@Boyo\_Jim](#): > > “other than some money”? What more do you want? Most gain is ultimately measured in monetary terms whether or not it is actual cash. The legal definition of what constitutes a benefit, for starters. We are talking about actions to “obtain a benefit.” Payment for taking the test would not be a benefit, it would be compensation, at least in my mind, relying on the M-W definition of a benefit. I think the relevant section of the NY statute is section 2, " Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another; or" I think the intent here was to defraud SAT. I’m not seeing how the accused in the OP obtained any benefits. The people the accused in the OP took the test for may or may not have obtained a benefit, but nonetheless the intent to defraud is clear, regardless of section 1 of the statute. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [September 29, 2011, 3:34pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/24 "2011-09-29T15:34:27Z")
So is a guy who robs a bank gaining from the robbery, or being compensated for the work of preparing and carrying out the robbery? Or a guy who steals a work of art, and then sell it to a collector? Compensation IS a gain and a benefit. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [September 29, 2011, 3:51pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/25 "2011-09-29T15:51:30Z")
> [@minkyhaha](#): > > Meh, both of those are obvious crimes. It’s just that cheating on the SAT test doesn’t seem like a crime to me for some reason, at least not one that the cops would cuff you and do a national perp walk for. > [@minkyhaha](#): > > But that is the point, cheating on the SAT somehow morphed into getting arrested for those crimes, and I just can’t reconcile it. Plus, I can’t google anyone ever being prosecuted like this for cheating on a relatively, unimportant test. One that does not have national security tied to it somehow. I don’t know why this is so strange to you. There are all kinds of acts of fraud in purely private settings that are punishable as crimes. To start with, consumer protection, fair dealing, and unfair trade practices laws. There is significant and obvious harm in test cheating – very likely monetary harm – being done to the testing company, to schools that rely on the results, to the government and other providers of financial aid, and to the test-takers who didn’t cheat. ---
**Author:** ![anson2995](https://avatars.discourse-cdn.com/v4/letter/a/c77e96/32.png) [@anson2995](https://boards.straightdope.com/u/anson2995)\ **Post date:** [September 29, 2011, 4:20pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/26 "2011-09-29T16:20:06Z")
> [@IAmNotSpartacus](#): > > The legal definition of what constitutes a benefit, for starters. > > We are talking about actions to “obtain a benefit.” Payment for taking the test would not be a benefit, it would be compensation, at least in my mind, relying on the M-W definition of a benefit. The statute does not define that term. I think a defense that tried to argue that the test-taker received no benefit would draw laughter from the court room. Can you point to a law dictionary or other source that draws the distinction between “benefit” and 'compensation" that you do? ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [September 29, 2011, 4:21pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/27 "2011-09-29T16:21:46Z")
> [@Boyo\_Jim](#): > > So is a guy who robs a bank gaining from the robbery, or being compensated for the work of preparing and carrying out the robbery? Or a guy who steals a work of art, and then sell it to a collector? > > Compensation IS a gain and a benefit. Do you have a cite for this or are you conflating opinion with fact? You see, the elements of a robbery do not require that the accused gain or benefit from the act in any way. Here is the relevant NY statute: > [@](#): > > Robbery is forcible stealing. A person forcibly steals property and > commits robbery when, in the course of committing a larceny, he uses or > threatens the immediate use of physical force upon another person for > the purpose of: > > 1. Preventing or overcoming resistance to the taking of the property > or to the retention thereof immediately after the taking; or > 2. Compelling the owner of such property or another person to deliver > up the property or to engage in other conduct which aids in the > commission of the larceny. Do you find the words benefit or compensation anywhere in the ext? ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [September 29, 2011, 4:29pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/28 "2011-09-29T16:29:56Z")
OP I suspect you’re getting stuck on some kind of end/means confusion. The students’ own purpose in commiting the acts (their end) was to cheat on the exam. That in itself is not a crime. But the acts they undertook in order to cheat (their means toward their end) are, in themselves, crimes. The acts include use of false I.D. and intent to defraud. As a parallel example: I may kill someone in order to procure a kidney for someone else. But I’d be wrong to argue that the police were arresting me “for trying to save a life.” That’s not what they’d be arresting me for, after all. Similarly, the police didn’t arrest anyone “for cheating on the SAT.” ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [September 29, 2011, 6:43pm UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/29 "2011-09-29T18:43:40Z")
> [@anson2995](#): > > Sure we can. The story says explicitly that he used fake licenses. However, several other versions of the stories [do](http://us.foxnews.mobi/quickPage.html?page=25949&content=57388150&pageNum=-1) [not](http://www.syracuse.com/news/index.ssf/2011/09/new_york_authorities_charge_7.html) [say](http://news.officialwire.com/main.php?action=posted_news&rid=32303) that. In fact, the relevant portions appear to be quoting the DA. > [@](#): > > Tom Ewing, a spokesman for ETS, which administers the test for The College Board, said strict security guidelines are in place to prevent cheating. He said students must present an admission ticket and _photo ID, which can include a state-issued driver’s license; state-issued non-driver ID; a school identification card; a passport or other government-issued document._ > > In the Great Neck case, the students registered to take the tests at a school outside their district so they would not be recognized, prosecutors said. Eshaghoff then went to the schools and showed a **photo ID with his picture but another student’s name on it, Rice said**. It would make no sense for him to forge several, notoriously difficult to forge, NY state driver’s licenses when he could just make passable student IDs. Most SAT proctors would be familiar enough with a NY state license to spot a fake, and would likely have their own legitimate version to compare it to if they have any doubts. Why wouldn’t he take the path of least resistance? Accordingly, I think the first article made a mistake. > [@anson2995](#): > > In New York, yes. > > The [criminal impersonation](http://law.onecle.com/new-york/penal/PEN0190.25_190.25.html) charge applies if you use a fake ID to obtain a benefit. That’s one of the charges against the guy in this case. What benefit did he receive from the aggrieved party? ---
**Author:** ![minkyhaha](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@minkyhaha](https://boards.straightdope.com/u/minkyhaha)\ **Post date:** [September 30, 2011, 12:09am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/30 "2011-09-30T00:09:52Z")
Again, anyone have a cite of another incident where a fellow was criminally charged for cheating on the SAT? ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [September 30, 2011, 12:23am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/31 "2011-09-30T00:23:47Z")
> [@brickbacon](#): > > What benefit did he receive from the aggrieved party? He was allowed to take their test under the fake name. Taking a test might not seem like a benefit but millions of people pay for that benefit each year. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [September 30, 2011, 12:40am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/32 "2011-09-30T00:40:03Z")
> [@minkyhaha](#): > > Again, anyone have a cite of another incident where a fellow was criminally charged for cheating on the SAT? wtf are you serious? The answer is no–and _you don’t have one either_. ---
**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\ **Post date:** [September 30, 2011, 12:57am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/33 "2011-09-30T00:57:45Z")
> [@minkyhaha](#): > > Again, anyone have a cite of another incident where a fellow was criminally charged for cheating on the SAT? I looked a little bit. I found a case where some one was sent to jail for 6 months. But it is really different than this case. The one I found was a guy was caught cheating and the SAT people invalidated his test. He sued to has the score reinstated. It later came out that he lied during the testimony and went to jail for perjury. [http://www.nytimes.com/1992/06/20/us/cheating-on-college-entrance-test-leads-to-criminal-perjury-charge.html](http://www.nytimes.com/1992/06/20/us/cheating-on-college-entrance-test-leads-to-criminal-perjury-charge.html) [http://www.highbeam.com/doc/1P2-1040932.html](http://www.highbeam.com/doc/1P2-1040932.html) From the 1992 nytimes article > [@](#): > > The indictment is believed to mark the first time that a criminal prosecution has resulted from cheating on the test, said Tom Ewing, a spokesman for the Educational Testing Service of Princeton, N.J., which administers that college entrance examination. ---
**Author:** ![minkyhaha](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@minkyhaha](https://boards.straightdope.com/u/minkyhaha)\ **Post date:** [September 30, 2011, 1:23am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/34 "2011-09-30T01:23:25Z")
> [@Frylock](#): > > wtf are you serious? > > The answer is no–and _you don’t have one either_. Um, what? ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [September 30, 2011, 1:49am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/35 "2011-09-30T01:49:04Z")
> [@minkyhaha](#): > > Um, what? Didn’t you read my post 28 and others’ posts expressing similar ideas? ---
**Author:** ![minkyhaha](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@minkyhaha](https://boards.straightdope.com/u/minkyhaha)\ **Post date:** [October 1, 2011, 12:55am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/36 "2011-10-01T00:55:41Z")
> [@Frylock](#): > > Didn’t you read my post 28 and others’ posts expressing similar ideas? You’re playing with semantics. He was arrested and paraded in front of the nation for cheating on the SAT, period. Don’t try and rationalize it otherwise. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [October 1, 2011, 1:14am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/37 "2011-10-01T01:14:27Z")
> [@minkyhaha](#): > > You’re playing with semantics. He was arrested and paraded in front of the nation for cheating on the SAT, period. Don’t try and rationalize it otherwise. Wow. ---
**Author:** ![minkyhaha](https://avatars.discourse-cdn.com/v4/letter/m/ecd19e/32.png) [@minkyhaha](https://boards.straightdope.com/u/minkyhaha)\ **Post date:** [October 1, 2011, 2:03am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/38 "2011-10-01T02:03:02Z")
> [@Frylock](#): > > Wow. Run out of semantics? ---
**Author:** ![WarmNPrickly](https://avatars.discourse-cdn.com/v4/letter/w/d78d45/32.png) [@WarmNPrickly](https://boards.straightdope.com/u/WarmNPrickly)\ **Post date:** [October 1, 2011, 2:20am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/39 "2011-10-01T02:20:05Z")
I don’t know why you think that signing a paper claiming you are somebody you are not is not fraud. ---
**Author:** ![gazpacho](https://avatars.discourse-cdn.com/v4/letter/g/6f9a4e/32.png) [@gazpacho](https://boards.straightdope.com/u/gazpacho)\ **Post date:** [October 1, 2011, 5:05am UTC](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904/40 "2011-10-01T05:05:54Z")
I don’t understand why people are getting so cranky at minkyhaha. His central question is a good one. People are caught taking the test for someone else fairly frequently. What usually happens is that the SAT test is invalidated, and that is it. No other penalties apply. You are allowed to take the test again. Why in this case were people arrested? [http://www.nytimes.com/2011/09/30/nyregion/after-arrest-a-wider-inquiry-on-sat-cheating.html](http://www.nytimes.com/2011/09/30/nyregion/after-arrest-a-wider-inquiry-on-sat-cheating.html) > [@](#): > > School officials say the testing system has many flaws, most notably the fact that there are no consequences for cheaters. When the Educational Testing Service, the company that administers the test, detects irregularities, it simply notifies the affected students that their scores are being withdrawn. > > Neither colleges nor high schools are ever alerted that cheating was suspected. Tom Ewing, an Educational Testing Service spokesman, said that confidentiality laws meant to protect minors prevented his company from disclosing that information. Of 2.25 million SATs taken every year, about 1,000 scores are withdrawn for misbehavior, 99 percent of which are for copying, he said. Most other times there is no penalty for cheaters. > **[SAT, ACT cheats face no penalty](https://www.latimes.com/archives/la-xpm-2008-jul-14-me-cheat14-story.html)** > > If the testing firms suspect fraud, they simply cancel the student's score -- but never tell schools why. > [@](#): > > A group of students at a Los Angeles high school is suspected of cheating on the ACT college entrance exam by paying a former student, who used fraudulent identification, to take the tests. The testing agency recently began investigating the claims, which could result in cancellation of scores provided to colleges. > > But those colleges will not be told why the scores are invalid, nor will the students’ high school be clued in. I believe the answer as to why these people were arrested is that the high school decided not to keep quiet about the improper scores and notified the authorities. [Previous page](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904.md?page=1) [Next page](https://boards.straightdope.com/t/cheating-on-sat-illegal/597904.md?page=3)