STATE OF NEW YORK
________________________________________________________________________
6541
2023-2024 Regular Sessions
IN SENATE
April 26, 2023
___________
Introduced by Sen. ORTT -- 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 creating the crimes of
child abuse, vulnerable elderly person or incompetent or physically
disabled person abuse, and torture
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 "Noah's Law".
2 § 2. The penal law is amended by adding two new sections 260.16 and
3 260.17 to read as follows:
4 § 260.16 Child abuse in the second degree.
5 A person is guilty of child abuse in the second degree when:
6 1. Through omission, neglect, or a reckless act, they cause serious
7 physical and/or mental harm to a child;
8 2. They knowingly or intentionally commit an act which is likely to
9 cause physical and/or mental harm to a child, regardless of if such harm
10 occurs; or
11 3. They knowingly or intentionally commit an act which is cruel to a
12 child, regardless of if any harm occurs.
13 Child abuse in the second degree is a class B felony.
14 § 260.17 Child abuse in the first degree.
15 A person is guilty of child abuse in the first degree when they know-
16 ingly or intentionally cause serious physical and/or mental harm to a
17 child.
18 Child abuse in the first degree is a class A felony.
19 § 3. The penal law is amended by adding two new sections 260.36 and
20 260.37 to read as follows:
21 § 260.36 Vulnerable elderly person or incompetent or physically disabled
22 person abuse in the second degree.
23 A person is guilty of vulnerable elderly person or incompetent or
24 physically disabled person abuse in the second degree when:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09928-01-3
S. 6541 2
1 1. Through omission, neglect, or a reckless act, they cause serious
2 physical and/or mental harm to a vulnerable elderly person or incompe-
3 tent or physically disabled person;
4 2. They knowingly or intentionally commit an act which is likely to
5 cause physical and/or mental harm to a vulnerable elderly person or
6 incompetent or physically disabled person, regardless of if such harm
7 occurs; or
8 3. They knowingly or intentionally commit an act which is cruel to a
9 vulnerable elderly person or incompetent or physically disabled person,
10 regardless of if any harm occurs.
11 Vulnerable elderly person or incompetent or physically disabled person
12 abuse in the second degree is a class B felony.
13 § 260.37 Vulnerable elderly person or incompetent or physically disabled
14 person abuse in the first degree.
15 A person is guilty of vulnerable elderly person or incompetent or
16 physically disabled person abuse in the first degree when they knowingly
17 or intentionally cause serious physical and/or mental harm to a vulner-
18 able elderly person or incompetent or physically disabled person.
19 Vulnerable elderly person or incompetent or physically disabled person
20 abuse in the first degree is a class A felony.
21 § 4. The penal law is amended by adding a new section 260.40 to read
22 as follows:
23 § 260.40 Torture.
24 A person is guilty of torture when they knowingly and cruelly inflict
25 serious physical injury and/or severe mental pain or suffering upon
26 another person within their custody or physical control. Torture does
27 not require any proof that the victim suffered pain.
28 Torture is a class A felony.
29 § 5. This act shall take effect on the thirtieth day after it shall
30 have become a law.
