Increases penalties for certain crimes against persons under 16 years of age; creates new crimes of aggravated assault upon a person under 16 years of age and endangering the welfare of a child in the first and second degrees where the perpetrator is 18 years of age or older.

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S2417-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 20, 2011: REFERRED TO CODES

S2417-2011 Memo

BILL NUMBER:S2417

TITLE OF BILL:
An act
to amend the penal law, in relation to crimes against persons under
sixteen years of age

PURPOSE:
Provides enhanced penalties for persons who commit acts of violence
against children.

SUMMARY OF PROVISIONS:
Amends Articles 120, 125 and 260 of the Penal Law by increasing
penalties for violent acts when the victim is under age 16 and the
perpetrator is 18 years of age or older.

JUSTIFICATION:
Although violence against children has existed for centuries, today we
recognize the serious long-term consequences of such abuse. Violence,
including physical and emotional abuse, and neglect is unfortunately
a reality for many children. Each year more than 900,000 children and
adolescents are added to the abuse rolls of various social agencies
in the United States.

Child abuse and neglect reports have increased in recent years. Many
studies have linked child abuse and neglect with later behavioral
problems, including juvenile delinquency and adult criminal behavior.
Abused and neglected children present a range of behavioral
disturbances that impair their educational and social advancement,
including aggressive and violent behaviors.

Perpetrators of physical violence against children are treated in the
same manner as those who commit violence against adults. But children
are a vulnerable population, and dependent upon adults. Child abuse
and neglect tear at the fabric of our society and should be punished
to the fullest extent of the law.

New York State recently increased penalties for "hate crimes," which
are crimes motivated by biases against a person's actual or perceived
ethnicity, sexual orientation, religion, etc. Increasing penalties
for persons who would harm a particularly vulnerable population is
intended to send a similar message -- children are our future, and it
is society's responsibility to protect them from harm.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2009-10: S.1178 -- Referred to Codes
2007-08: S.2910 -- Referred to Codes
2005-06: S.2615 -- Referred to Codes
2003-04: S.2246 -- Referred to Codes
2001-02: S.1641/A.2628 -- Referred to Codes

EFFECTIVE DATE:
The first of November after which it shall have become a law.

S2417-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2417

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 20, 2011
                                 ___________

  Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, SMITH -- 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 crimes against persons
    under sixteen years of age

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Section 120.05 of the penal law is amended by adding a new
  subdivision 13 to read as follows:

    13. BEING EIGHTEEN YEARS OF AGE OR OLDER  AND  WITH  INTENT  TO  CAUSE
  PHYSICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES PHYSICAL INJURY TO A
  PERSON UNDER SIXTEEN YEARS OF AGE.
    S  2.  Subdivision 4 of section 120.10 of the penal law, as amended by
  chapter 791 of the laws of 1967, is amended and two new  subdivisions  5
  and 6 are added to read as follows:

    4.  In the course of and in furtherance of the commission or attempted
  commission of a felony or of immediate flight therefrom, he, or  another
  participant  if there be any, causes serious physical injury to a person
  other than one of the participants[.]; OR
    5. BEING EIGHTEEN YEARS OF AGE OR OLDER AND WITH INTENT TO CAUSE PHYS-
  ICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES SERIOUS PHYSICAL  INJURY
  TO A PERSON UNDER SIXTEEN YEARS OF AGE; OR
    6. BEING EIGHTEEN YEARS OF AGE OR OLDER AND WITH INTENT TO CAUSE PHYS-
  ICAL  INJURY  TO  ANOTHER  PERSON, HE OR SHE CAUSES PHYSICAL INJURY TO A
  PERSON UNDER SIXTEEN YEARS OF AGE BY MEANS OF A DEADLY WEAPON, A DANGER-
  OUS INSTRUMENT, OR OTHERWISE WITH DEADLY FORCE.
    S 3. The penal law is amended by adding a new section 120.19  to  read
  as follows:

  S 120.19 AGGRAVATED ASSAULT UPON A PERSON UNDER SIXTEEN YEARS OF AGE.
    A  PERSON BEING EIGHTEEN YEARS OF AGE OR OLDER IS GUILTY OF AGGRAVATED
  ASSAULT UPON A PERSON UNDER SIXTEEN YEARS OF AGE WHEN,  WITH  INTENT  TO

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07001-01-1

 S. 2417                             2

  CAUSE  SERIOUS  PHYSICAL  INJURY  TO  A  PERSON  WHOM HE OR SHE KNOWS OR
  REASONABLY SHOULD KNOW TO BE UNDER SIXTEEN YEARS OF AGE, HE OR SHE CAUS-
  ES SUCH INJURY BY MEANS OF A DEADLY WEAPON, A DANGEROUS  INSTRUMENT,  OR
  OTHERWISE WITH DEADLY FORCE.
    AGGRAVATED ASSAULT UPON A PERSON UNDER SIXTEEN YEARS OF AGE IS A CLASS
  B FELONY.
    S 4. Section 120.25 of the penal law is amended to read as follows:

  S 120.25 Reckless endangerment in the first degree.
    A  person  is  guilty  of  reckless  endangerment  in the first degree
  when[,]:

    1. under circumstances evincing a depraved indifference to human life,
  he OR SHE recklessly engages in conduct which creates a  grave  risk  of
  death to another person; OR
    2. HE OR SHE, BEING EIGHTEEN YEARS OF AGE OR OLDER, RECKLESSLY ENGAGES
  IN  CONDUCT  WHICH CREATES A SUBSTANTIAL RISK OF SERIOUS PHYSICAL INJURY
  TO ANOTHER PERSON UNDER SIXTEEN YEARS OF AGE.
    Reckless endangerment in the first degree is a class D felony.
    S 5. Subdivision 4 of section 125.20 of the penal  law,  as  added  by
  chapter  477  of the laws of 1990, is amended and a new subdivision 5 is
  added to read as follows:

    4. Being eighteen years old or more and with intent to cause  physical
  injury  to a person less than eleven years old, the defendant recklessly
  engages in conduct which creates a grave risk of serious physical injury
  to such person and thereby causes the death of such person[.]; OR
    5. BEING EIGHTEEN YEARS OF AGE OR OLDER AND WITH INTENT TO CAUSE PHYS-
  ICAL INJURY TO ANOTHER PERSON, HE OR SHE CAUSES THE DEATH  OF  A  PERSON
  UNDER SIXTEEN YEARS OF AGE.
    S 6. Section 260.10 of the penal law, as amended by chapter 447 of the
  laws of 2010, is amended to read as follows:

  S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
    A person is guilty of endangering the welfare of a child IN THE SECOND
  DEGREE when:

    1.  He or she knowingly acts in a manner likely to be injurious to the
  physical, mental or moral welfare of a child less than  seventeen  years
  old  or  directs  or  authorizes  such  child to engage in an occupation
  involving a substantial risk of danger to his or her life or health; or
    2. Being a parent, guardian or other person legally charged  with  the
  care or custody of a child less than eighteen years old, he or she fails
  or refuses to exercise reasonable diligence in the control of such child
  to  prevent  him  or  her  from becoming an "abused child," a "neglected
  child," a "juvenile delinquent" or a "person in need of supervision," as
  those terms are defined in articles ten, three and seven of  the  family
  court act.
    3. A person is not guilty of the provisions of this section when he or
  she  engages  in  the  conduct  described  in subdivision one of section
  260.00 of this article: (a) with the intent to wholly abandon the  child
  by relinquishing responsibility for and right to the care and custody of
  such  child;  (b)  with  the intent that the child be safe from physical
  injury and cared for in an appropriate manner; (c)  the  child  is  left
  with an appropriate person, or in a suitable location and the person who
  leaves  the child promptly notifies an appropriate person of the child's
  location; and (d) the child is not more than thirty days old.
    Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
  misdemeanor.
    S  7.  The penal law is amended by adding a new section 260.12 to read
  as follows:


 S. 2417                             3

  S 260.12 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
    A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
  DEGREE WHEN, BEING A PARENT, GUARDIAN OR OTHER  PERSON  LEGALLY  CHARGED
  WITH  THE CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD, HE OR
  SHE FAILS OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN THE CONTROL  OF
  SUCH  CHILD  TO  PREVENT  HIM  OR HER FROM BECOMING AN "ABUSED CHILD", A
  "NEGLECTED CHILD", A "JUVENILE DELINQUENT"  OR  A  "PERSON  IN  NEED  OF
  SUPERVISION",  AS  THOSE  TERMS ARE DEFINED IN ARTICLES THREE, SEVEN AND
  TEN OF THE FAMILY COURT ACT.
    ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
  FELONY.
    S 8. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.