Assemblymember Anthony J. Brindisi (D-Utica) announced that the State Legislature has passed a bill that he supported to increase penalties on repeat child abusers (A.2623-A/S5869). The legislation is in response to the tragic abuse of Western New York infant Jay J. Bolvin, whose abuser was previously convicted of assaulting a child.
“Repeat child abusers should not be allowed to duck the law and escape justice – they must be fully prosecuted for their deplorable acts,” Assemblymember Brindisi said.
In 2011, then-infant Jay J. Bolvin from North Tonawanda, NY, was beaten by his father and left with major injuries. Four years prior to the attack, Jay J.’s father was convicted of assault for beating and breaking the arm of another son. However, the second crime barely eclipsed the three-year window for an aggravated assault charge and therefore it could not be charged.
Under this measure, the window for charging an adult with aggravated assault upon a person less than 11 years old will be extended from 3 to 10 years. Aggravated assault is a class E felony, carrying a maximum sentence of 4 years in prison.
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