Provides that a parent or guardian legally charged with the care or custody of a child less than eighteen years old shall be convicted of endangering the welfare of a child when he or she knowingly allows a registered sex offender to reside within the household.
STATE OF NEW YORK
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1753
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
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Introduced by M. of A. CROUCH, BARCLAY, KOLB -- Multi-Sponsored by -- M.
of A. FINCH -- 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
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 § 260.10 Endangering the welfare of a child.
4 A person is guilty of endangering the welfare of a child when:
5 1. He or she knowingly acts in a manner likely to be injurious to the
6 physical, mental or moral welfare of a child less than seventeen years
7 old or directs or authorizes such child to engage in an occupation
8 involving a substantial risk of danger to his or her life or health; or
9 2. Being a parent, guardian or other person legally charged with the
10 care or custody of a child less than eighteen years old, he or she fails
11 or refuses to exercise reasonable diligence in the control of such child
12 to prevent him or her from becoming an "abused child," a "neglected
13 child," a "juvenile delinquent" or a "person in need of supervision," as
14 those terms are defined in articles ten, three and seven of the family
15 court act[.]; or
16 3. Being a parent, guardian or other person legally charged with the
17 care or custody of a child less than eighteen years old, he or she know-
18 ingly allows any person who is a registered sex offender, pursuant to
19 article six-C of the correction law, to reside within the household with
20 such child.
21 4. A person is not guilty of the provisions of this section when he or
22 she engages in the conduct described in subdivision one of section
23 260.00 of this article: (a) with the intent to wholly abandon the child
24 by relinquishing responsibility for and right to the care and custody of
25 such child; (b) with the intent that the child be safe from physical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02977-01-9
A. 1753 2
1 injury and cared for in an appropriate manner; (c) the child is left
2 with an appropriate person, or in a suitable location and the person who
3 leaves the child promptly notifies an appropriate person of the child's
4 location; and (d) the child is not more than thirty days old.
5 Endangering the welfare of a child is a class A misdemeanor.
6 § 2. This act shall take effect on the thirtieth day after it shall
7 become a law.