NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3049
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
endangering the welfare of a child in the first degree; and to amend the
penal law and the vehicle and traffic law, in relation to making techni-
cal corrections thereto
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to create the crime of endangering the
welfare of a child to address forms of child abuse not adequately
addressed under existing law, including risk of serious injury,
protracted impairment, conduct that results in physical injury to young
children, and repeat abuse.
SUMMARY OF PROVISIONS:
Section 1 adds section 260.09 to the Penal Code to establish the crime
of endangering the welfare of a child in the first degree.
Section 2 amends section 260.10 of the Penal Code, as amended by chapter
447 of the laws of 2010, to establish the crime of endangering the
welfare of a child in the second degree.
Section 3 amends subdivision 5, paragraph c of section 120.40 of the
Penal Code, as amended by section 7 of part NN of chapter 55 of the laws
of 2018, to include endangering the welfare of a child in both the first
and second degree to the definition of "specified predicate crime."
Section 4 amends section 260.15 of the Penal Code, as amended by chapter
447 of the laws of 2010, to include a reference to the new section
260.09 in the defense for endangering the welfare of a child.
Section 5 amends paragraph (c) of subdivision 4 of section 509-cc of the
Vehicle and Traffic law, as amended by chapter 92 of the laws of 2021,
adding the crime of endangering the welfare of a child in the first
degree as grounds for the disqualification of school bus drivers.
Section 6 is the effective date.
JUSTIFICATION:
Unlike 37 other states, New York does not have a felony-level crime for
endangering the welfare of a child. The existing misdemeanor charge for
endangering the welfare of a child is often inadequate to capture the
severity of particularly egregious cases. This legislation establishes
the crime of endangering the welfare of a child in the first degree to
address those situations as well as reclassifies the existing misdemea-
nor as the second-degree version of that crime.
There are numerous examples of child abuse cases across New York State
that could not be adequately addressed by the existing misdemeanor
charge. For example, in Schenectady County, a parent of a 21-month-old
child repeatedly bound and gagged their child and locked them in the
back of a dark closet for an extended period. Although the child did not
sustain any physical injury, they are likely emotionally scarred from
the abuse. Under the current statute, the parent can only be charged
with misdemeanor child endangerment. If the parent had abused a mentally
or physically disabled person in the same way, they could be charged
with a felony. The child in question should have the same protection
from abuse as a mentally or physically disabled adult.
This new charge would also help prosecutors address abuse that happens
over time or repeatedly. Unfortunately, children often show signs of
abuse that cannot be dated or tied to an individual. Prosecutors often
cannot make a felony charge in cases where a baby has multiple bone
fractures or skull fractures. Although the child has obviously experi-
enced extreme pain and suffering, if they cannot tie the injuries to a
specific adult, there is no existing felony-level charge to address the
failure of the child's parents or guardian to address the obvious
suffering of the child in question. Additionally, the statute for endan-
gering the welfare of a child does not have a "bump-up" provision.
Creating a felony level endangering the welfare of a child charge would
help prosecutors address cases where an offender has repeatedly harmed
children.
PRIOR HISTORY:
2024: Same Bill (A.6658/Lunsford) Died in Codes
2023: Same Bill (A.6658/Lunsford) Died in Codes
2022: Similar Bill (A.3278/Hevesi) Enacting Clause Stricken
2021: Similar Bill (A.3278/Hevesi) Died in Codes
2020: Similar Bill (A.9102/Hevesi) Died in Codes
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3049
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. LUNSFORD, COLTON, GLICK, McMAHON, LAVINE, SIMON,
ZACCARO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
endangering the welfare of a child in the first degree; and to amend
the penal law and the vehicle and traffic law, in relation to making
technical corrections thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 260.09 to
2 read as follows:
3 § 260.09 Endangering the welfare of a child in the first degree.
4 A person is guilty of endangering the welfare of a child in the first
5 degree when:
6 1. such person knowingly or recklessly acts in a manner which creates
7 a risk of either serious physical injury or protracted impairment of the
8 physical, mental or moral welfare of a child less than seventeen years
9 old; or
10 2. such person commits the crime of endangering the welfare of a child
11 in the second degree, and:
12 a. being eighteen years old or more such person knowingly or reckless-
13 ly acts in a manner likely to be injurious to the physical, mental or
14 moral welfare of a child less than seven years old and causes physical
15 injury to that child, or
16 b. such person has previously been convicted of a crime or an attempt
17 to commit a crime pursuant to the provisions of articles 120, 121, 125,
18 130, 135, 150, 160, 230, 235, 260 and 263 of the penal law or section
19 155.40, 155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
20 215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 220.48,
21 240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60, 255.25,
22 255.26, 255.27, 265.01-a, subdivision two of section 265.01, subdivision
23 one of section 265.02, subdivision one of section 265.03, subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04366-01-5
A. 3049 2
1 one of section 265.04, subdivision five of section 265.10, subdivision
2 one of section 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, or 265.26
3 of the penal law and the victim of the crime was less than seventeen
4 years old or if there was more than one victim at least one of the
5 victims was less than seventeen years old.
6 Endangering the welfare of a child in the first degree is a class E
7 felony.
8 § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
9 laws of 2010, is amended to read as follows:
10 § 260.10 Endangering the welfare of a child in the second degree.
11 A person is guilty of endangering the welfare of a child in the second
12 degree when:
13 1. [He or she] Such person knowingly acts in a manner likely to be
14 injurious to the physical, mental or moral welfare of a child less than
15 seventeen years old or directs or authorizes such child to engage in an
16 occupation involving a substantial risk of danger to [his or her] such
17 child's life or health; or
18 2. Being a parent, guardian or other person legally charged with the
19 care or custody of a child less than eighteen years old, [he or she]
20 such person fails or refuses to exercise reasonable diligence in the
21 control of such child to prevent [him or her] such child from becoming
22 an "abused child," a "neglected child," a "juvenile delinquent" or a
23 "person in need of supervision," as those terms are defined in articles
24 ten, three and seven of the family court act.
25 3. A person is not guilty of the provisions of this section when [he
26 or she] such person engages in the conduct described in subdivision one
27 of section 260.00 of this article: (a) with the intent to wholly abandon
28 the child by relinquishing responsibility for and right to the care and
29 custody of such child; (b) with the intent that the child be safe from
30 physical injury and cared for in an appropriate manner; (c) the child is
31 left with an appropriate person, or in a suitable location and the
32 person who leaves the child promptly notifies an appropriate person of
33 the child's location; and (d) the child is not more than thirty days
34 old.
35 Endangering the welfare of a child in the second degree is a class A
36 misdemeanor.
37 § 3. Paragraph c of subdivision 5 of section 120.40 of the penal law,
38 as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
39 amended to read as follows:
40 c. assault in the third degree, as defined in section 120.00; menacing
41 in the first degree, as defined in section 120.13; menacing in the
42 second degree, as defined in section 120.14; coercion in the first
43 degree, as defined in section 135.65; coercion in the second degree, as
44 defined in section 135.61; coercion in the third degree, as defined in
45 section 135.60; aggravated harassment in the second degree, as defined
46 in section 240.30; harassment in the first degree, as defined in section
47 240.25; menacing in the third degree, as defined in section 120.15;
48 criminal mischief in the third degree, as defined in section 145.05;
49 criminal mischief in the second degree, as defined in section 145.10,
50 criminal mischief in the first degree, as defined in section 145.12;
51 criminal tampering in the first degree, as defined in section 145.20;
52 arson in the fourth degree, as defined in section 150.05; arson in the
53 third degree, as defined in section 150.10; criminal contempt in the
54 first degree, as defined in section 215.51; endangering the welfare of a
55 child in the first degree, as defined in section 260.09; endangering the
A. 3049 3
1 welfare of a child in the second degree, as defined in section 260.10;
2 or
3 § 4. Section 260.15 of the penal law, as amended by chapter 447 of the
4 laws of 2010, is amended to read as follows:
5 § 260.15 Endangering the welfare of a child; defense.
6 In any prosecution for endangering the welfare of a child, pursuant to
7 section 260.09 or section 260.10 of this article, based upon an alleged
8 failure or refusal to provide proper medical care or treatment to an ill
9 child, it is an affirmative defense that the defendant (a) is a parent,
10 guardian or other person legally charged with the care or custody of
11 such child; and (b) is a member or adherent of an organized church or
12 religious group the tenets of which prescribe prayer as the principal
13 treatment for illness; and (c) treated or caused such ill child to be
14 treated in accordance with such tenets.
15 § 5. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
16 and traffic law, as amended by chapter 92 of the laws of 2021, is
17 amended to read as follows:
18 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
19 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
20 of this section that result in disqualification for a period of five
21 years shall include a conviction under sections 100.10, 105.13, 115.05,
22 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
23 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,
24 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
25 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of
26 section 222.50, subdivision two of section 222.55, 230.00, 230.05,
27 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07,
28 235.21, 240.06, 245.00, 260.09, 260.10, subdivision two of section
29 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
30 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
31 esaid offenses under section 110.00 of the penal law, or any similar
32 offenses committed under a former section of the penal law, or any
33 offenses committed under a former section of the penal law which would
34 constitute violations of the aforesaid sections of the penal law, or any
35 offenses committed outside this state which would constitute violations
36 of the aforesaid sections of the penal law.
37 § 6. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law.
