S T A T E   O F   N E W   Y O R K
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                                  2627

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. HAWLEY, KOLB, McDONOUGH, GIGLIO, FINCH, PALMESANO
  --  Multi-Sponsored  by  --  M. of A. BARCLAY, CROUCH, CURRAN, DUPREY,
  McKEVITT, THIELE -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  assaulting a child in the first and second degree  and  the  crime  of
  aggravated  assault  on a child; and to repeal subdivisions 8 and 9 of
  section 120.05 of such law relating to assault in the second degree

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

  Section  1.  The  penal  law  is  amended by adding three new sections
120.26, 120.27 and 120.28 to read as follows:
S 120.26 ASSAULTING A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ASSAULTING A CHILD IN THE FIRST DEGREE WHEN,  HE
OR  SHE BEING EIGHTEEN YEARS OLD OR OLDER AND WITH INTENT TO CAUSE SERI-
OUS PHYSICAL INJURY TO A PERSON LESS THAN ELEVEN YEARS OLD, CAUSES  SUCH
INJURY TO SUCH PERSON.
  ASSAULTING A CHILD IN THE FIRST DEGREE IS A CLASS B FELONY.
S 120.27 ASSAULTING A CHILD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ASSAULTING A CHILD IN THE SECOND DEGREE WHEN:
  1.  BEING  EIGHTEEN  YEARS  OLD  OR OLDER AND WITH THE INTENT TO CAUSE
PHYSICAL INJURY TO A PERSON LESS THAN ELEVEN YEARS OLD, HE OR SHE  RECK-
LESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
  2. BEING EIGHTEEN YEARS OLD OR OLDER AND WITH INTENT TO CAUSE PHYSICAL
INJURY  TO  A  PERSON  LESS  THAN SEVEN YEARS OLD, HE OR SHE CAUSES SUCH
INJURY TO SUCH PERSON.
  ASSAULTING A CHILD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 120.28 AGGRAVATED ASSAULT ON A CHILD.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A CHILD  WHEN  HE  OR  SHE
COMMITS  THE  OFFENSE  OF  ASSAULTING  A  CHILD  IN  THE FIRST DEGREE OR
ASSAULTING A  CHILD  IN  THE  SECOND  DEGREE  AND  HAS  PREVIOUSLY  BEEN
CONVICTED OF EITHER SUCH OFFENSE WITHIN THE PRECEDING FIVE YEARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02081-01-5
              

A. 2627                             2

  AGGRAVATED ASSAULT ON A CHILD IS A CLASS A-II FELONY.
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section 160.15, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as
defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, ASSAULTING A  CHILD  IN  THE  FIRST
DEGREE AS DEFINED IN SECTION 120.26, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined  in  section  490.35,  criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, ASSAULTING A CHILD IN THE  SECOND  DEGREE  AS
DEFINED  IN SECTION 120.27, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined  in  section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal  possession  of a weapon in the second degree as defined in section
265.03, criminal use of a firearm in the second  degree  as  defined  in
section  265.08,  criminal  sale  of  a  firearm in the second degree as
defined in section 265.12, criminal sale of a firearm with the aid of  a
minor  as defined in section 265.14, aggravated criminal possession of a
weapon as defined in section 265.19, soliciting or providing support for
an act of terrorism in the first degree as defined  in  section  490.15,
hindering  prosecution  of  terrorism in the second degree as defined in
section 490.30, and criminal possession of a chemical weapon or  biolog-
ical weapon in the third degree as defined in section 490.37.

A. 2627                             3

  S  3.  Subdivisions  8  and  9  of section 120.05 of the penal law are
REPEALED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.