Provides that an assault of a child where the defendant has a previous conviction for an assault or an attempted assault of a child shall be an assault in the first degree.
STATE OF NEW YORK
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530
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to assault of a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Jay J's law".
2 § 2. Subdivision 4 of section 120.10 of the penal law, as amended by
3 chapter 791 of the laws of 1967, is amended and a new subdivision 5 is
4 added to read as follows:
5 4. In the course of and in furtherance of the commission or attempted
6 commission of a felony or of immediate flight therefrom, he, or another
7 participant if there be any, causes serious physical injury to a person
8 other than one of the participants[.]; or
9 5. Being eighteen years old or more and with intent to cause physical
10 injury to a person less than eleven years old, he or she recklessly
11 causes serious physical injury to such person; and has previously been
12 convicted of assault in the first degree, second degree, or third degree
13 against a person less than eleven years old; or has been convicted of
14 attempted assault in the first degree, second degree, or third degree
15 against a person less than eleven years old; or has been convicted of
16 reckless assault of a child; or attempted reckless assault of a child.
17 § 3. Section 120.12 of the penal law, as added by chapter 477 of the
18 laws of 1990, is amended to read as follows:
19 § 120.12 Aggravated assault upon a person less than eleven years old.
20 1. A person is guilty of aggravated assault upon a person less than
21 eleven years old when being eighteen years old or more the defendant
22 commits the crime of assault in the third degree as defined in section
23 120.00 of this article upon a person less than eleven years old and has
24 been previously convicted of such crime upon a person less than eleven
25 years old within the preceding [three] ten years.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02438-01-3
S. 530 2
1 2. Aggravated assault upon a person less than eleven years old as
2 defined in subdivision one of this section shall be a class B felony
3 when the person so convicted has previously been convicted of such crime
4 as defined in subdivision one of this section.
5 Aggravated assault upon a person less than eleven years old is a class
6 [E] D felony.
7 § 4. This act shall take effect immediately.
