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A02745 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2745

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 20, 2015
                                      ___________

       Introduced  by  M.  of A. TITONE, ORTIZ, MILLER, CORWIN, FINCH -- Multi-
         Sponsored by -- M. of A.  ARROYO, BARCLAY, CERETTO, GIGLIO, HOOPER  --
         read once and referred to the Committee on Codes

       AN  ACT  to amend the penal law, in relation to the crime of endangering
         the welfare of a child and to create a new crime  of  endangering  the
         welfare of a child in the first degree

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Section 260.10 of the penal law, as amended by chapter 447
    2  of the laws of 2010, is amended to read as follows:
    3  S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
    4    A person is guilty of endangering the welfare of a child IN THE SECOND
    5  DEGREE when:
    6    1. He or she knowingly acts in a manner likely to be injurious to  the
    7  physical,  mental  or moral welfare of a child less than seventeen years
    8  old or directs or authorizes such  child  to  engage  in  an  occupation
    9  involving a substantial risk of danger to his or her life or health; or
   10    2.  Being  a parent, guardian or other person legally charged with the
   11  care or custody of a child less than eighteen years old, he or she fails
   12  or refuses to exercise reasonable diligence in the control of such child
   13  to prevent him or her from becoming  an  "abused  child,"  a  "neglected
   14  child," a "juvenile delinquent" or a "person in need of supervision," as
   15  those  terms  are defined in articles ten, three and seven of the family
   16  court act.
   17    3. A person is not guilty of the provisions of this section when he or
   18  she engages in the conduct  described  in  subdivision  one  of  section
   19  260.00  of this article: (a) with the intent to wholly abandon the child
   20  by relinquishing responsibility for and right to the care and custody of
   21  such child; (b) with the intent that the child  be  safe  from  physical
   22  injury  and  cared  for  in an appropriate manner; (c) the child is left
   23  with an appropriate person, or in a suitable location and the person who

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01062-01-5
       A. 2745                             2

    1  leaves the child promptly notifies an appropriate person of the  child's
    2  location; and (d) the child is not more than thirty days old.
    3    Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
    4  misdemeanor.
    5    S 2. Section 260.11 of the penal law is renumbered section 260.12.
    6    S 3. The penal law is amended by adding a new section 260.11  to  read
    7  as follows:
    8  S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
    9    A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
   10  DEGREE WHEN:
   11    1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
   12  SERIOUS PHYSICAL  INJURY  OR  PROLONGED  IMPAIRMENT  OF  THE  MENTAL  OR
   13  EMOTIONAL CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
   14    2. HE OR SHE COMMITS THE OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
   15  IN THE SECOND DEGREE, WHEN:
   16    (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
   17    (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
   18    (C)  HE  OR  SHE HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING
   19  OFFENSES:  ENDANGERING THE WELFARE OF A CHILD IN THE  SECOND  DEGREE  AS
   20  DEFINED  IN  SECTION  260.10;  ENDANGERING THE WELFARE OF A CHILD IN THE
   21  FIRST DEGREE AS DEFINED IN THIS  SECTION;  ABANDONMENT  OF  A  CHILD  AS
   22  DEFINED  IN  SECTION  260.00; ASSAULT IN THE SECOND DEGREE AS DEFINED IN
   23  SUBDIVISION EIGHT OR NINE OF SECTION 120.05; AGGRAVATED ASSAULT  UPON  A
   24  PERSON  LESS  THAN  ELEVEN  YEARS  OLD  AS  DEFINED  IN  SECTION 120.12;
   25  MANSLAUGHTER IN THE FIRST DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
   26  SECTION  125.20;  MURDER  IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
   27  FOUR OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN  SUBDIVI-
   28  SION  TWO  OF  SECTION  130.25;  RAPE IN THE SECOND DEGREE AS DEFINED IN
   29  SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
   30  OF SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
   31  SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL  ACT  IN  THE  SECOND
   32  DEGREE  AS  DEFINED  IN SECTION 130.45; CRIMINAL SEXUAL ACT IN THE FIRST
   33  DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.50;  SEXUAL  ABUSE
   34  IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.60;
   35  SEXUAL ABUSE IN THE FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  THREE  OF
   36  SECTION  130.65;  AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED
   37  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66; AGGRAVATED SEXUAL
   38  ABUSE IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
   39  ONE  OF  SECTION  130.67; AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS
   40  DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.70; COURSE OF
   41  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
   42  130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
   43  DEFINED IN SECTION 130.80; DISSEMINATING INDECENT MATERIAL TO MINORS  IN
   44  THE  SECOND  DEGREE AS DEFINED IN SECTION 235.21; DISSEMINATING INDECENT
   45  MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; USE
   46  OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05; PROMOT-
   47  ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
   48  263.10;  POSSESSING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED
   49  IN SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
   50  IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
   51  IN  SECTION  263.16;  OR  A SIMILAR OFFENSE AGAINST A CHILD IN ANY OTHER
   52  JURISDICTION.
   53    ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
   54  FELONY.
       A. 2745                             3

    1    S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    2  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
    3  follows:
    4    (c)  Class  D violent felony offenses: an attempt to commit any of the
    5  class C felonies set forth in paragraph (b); reckless assault of a child
    6  as defined in section 120.02, assault in the second degree as defined in
    7  section 120.05, menacing a police officer or peace officer as defined in
    8  section 120.18, stalking in the first degree, as defined in  subdivision
    9  one  of section 120.60, strangulation in the second degree as defined in
   10  section 121.12, rape in the second degree as defined in section  130.30,
   11  criminal  sexual  act in the second degree as defined in section 130.45,
   12  sexual abuse in the first degree as defined in section 130.65, course of
   13  sexual conduct against a child  in  the  second  degree  as  defined  in
   14  section  130.80,  aggravated sexual abuse in the third degree as defined
   15  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   16  substance  as  defined  in  section 130.90, ENDANGERING THE WELFARE OF A
   17  CHILD IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  260.11,  criminal
   18  possession  of  a  weapon  in the third degree as defined in subdivision
   19  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   20  a firearm in the third degree as defined in section 265.11, intimidating
   21  a victim or witness in the second degree as defined in  section  215.16,
   22  soliciting  or  providing  support for an act of terrorism in the second
   23  degree as defined in section 490.10, and making a terroristic threat  as
   24  defined  in  section  490.20, falsely reporting an incident in the first
   25  degree as defined in section 240.60, placing a false bomb  or  hazardous
   26  substance  in  the  first degree as defined in section 240.62, placing a
   27  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
   28  transportation  facility or enclosed shopping mall as defined in section
   29  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
   30  first degree as defined in section 405.18.
   31    S  5. Section 260.12 of the penal law, as amended by chapter 89 of the
   32  laws of 1984 and as renumbered by section two of this act, is amended to
   33  read as follows:
   34  S 260.12 Endangering the welfare of a child; corroboration.
   35    A person shall not be convicted of endangering the welfare of a  child
   36  AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, or of an attempt
   37  to  commit  the same, upon the testimony of a victim who is incapable of
   38  consent because of mental defect or mental incapacity as to conduct that
   39  constitutes an offense or an attempt to commit an offense referred to in
   40  section 130.16,  without  additional  evidence  sufficient  pursuant  to
   41  section  130.16  to  sustain  a  conviction of an offense referred to in
   42  section 130.16, or of an attempt to commit the same.
   43    S 6. Section 260.15 of the penal law, as amended by chapter 447 of the
   44  laws of 2010, is amended to read as follows:
   45  S 260.15 Endangering the welfare of a child; defense.
   46    In any prosecution for endangering the welfare of a child, pursuant to
   47  section 260.10 OR 260.11 of this article, based upon an alleged  failure
   48  or  refusal to provide proper medical care or treatment to an ill child,
   49  it is an affirmative defense that the defendant (a) is a parent, guardi-
   50  an or other person legally charged with the  care  or  custody  of  such
   51  child;  and  (b) is a member or adherent of an organized church or reli-
   52  gious group the tenets of which prescribe prayer as the principal treat-
   53  ment for illness; and (c) treated or caused such ill child to be treated
   54  in accordance with such tenets.
   55    S 7. This act shall take effect on the first of November next succeed-
   56  ing the date on which it shall have become a law.
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