Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; the current offense of endangering the welfare of a child is converted to the second degree crime.

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S2475-2013 Actions

• Apr 16, 2013: referred to codes
• Apr 16, 2013: DELIVERED TO ASSEMBLY
• Apr 16, 2013: PASSED SENATE
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.258
• Jan 17, 2013: REFERRED TO CODES

S2475-2013 Meetings

Codes: Mar 19, 2013

S2475-2013 Calendars

Active List: Apr 16, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013 , Floor Calendar: Apr 16, 2013

S2475-2013 Votes

S2475-2013 Memo

BILL NUMBER:S2475

TITLE OF BILL:  An act to amend the penal law, in relation to the
crime of endangering the welfare of a child and to create a new crime
of endangering the welfare of a child in the first degree

PURPOSE OR GENERAL IDEA OF BILL:  This bill creates the new crimes of
endangering the welfare of a child.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 6 amend Penal Law � 70.02, 260.10, 260.12, and
260.15, renumber current Penal Law � 260.11 as � 260.12, and add a new
Penal Law � 260.11 to create a new class D violent felony offense of
Endangering the Welfare of a Child in the First Degree. The current
offense of Endangering the Welfare of a Child is converted to the
second degree crime.

JUSTIFICATION:  This bill creates a new class D felony offense of
Endangering the Welfare of a Child in the First Degree. Endangering
the Welfare of a Child applies to a wide variety of acts, ranging from
leaving a young child in a car unattended to extreme physical abuse.
However, under current law, only misdemeanor penalties can be imposed,
regardless of the severity of the abuse. This bill would address this
problem by enhancing penalties when the child abuser knowingly acts in
a manner that creates a risk of serious injury or prolonged emotional
impairment to a child less than 17 years of age or commits the crime
of Endangering the Welfare of a Child when such person has previously
been convicted of such crime or certain other crimes. The enhanced
penalties would also apply when the victim of the crime is less than
11 years of age or suffers physical injury.

PRIOR LEGISLATIVE HISTORY:  2012: S.4003 Referred to Codes / A.4509
Referred to Codes 2011: S.4003 Referred to Codes / A.4509 Referred to
Codes 2009: A.5148 Referred to Codes 2008: A.9119 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  November 1st next succeeding the date on which it
shall have become law.

S2475-2013 Text

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

                                    2475

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 17, 2013
                                 ___________

  Introduced  by  Sen.  LANZA  -- 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 the crime  of  endangering
    the  welfare  of  a child and to create a new crime of endangering the
    welfare of a child in the first degree

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


    Section 1.  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03840-02-3

 S. 2475                             2

  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 2. Section 260.11 of the penal law is renumbered section 260.12.
    S 3. The penal law is amended by adding a new section 260.11  to  read
  as follows:

  S 260.11 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:

    1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
  SERIOUS PHYSICAL  INJURY  OR  PROLONGED  IMPAIRMENT  OF  THE  MENTAL  OR
  EMOTIONAL CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
    2. HE OR SHE COMMITS THE OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
  IN THE SECOND DEGREE, WHEN:

    (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
    (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
    (C)  HE  OR  SHE HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING
  OFFENSES:  ENDANGERING THE WELFARE OF A CHILD IN THE  SECOND  DEGREE  AS
  DEFINED  IN  SECTION  260.10;  ENDANGERING THE WELFARE OF A CHILD IN THE
  FIRST DEGREE AS DEFINED IN THIS  SECTION;  ABANDONMENT  OF  A  CHILD  AS
  DEFINED  IN  SECTION  260.00; ASSAULT IN THE SECOND DEGREE AS DEFINED IN
  SUBDIVISION EIGHT OR NINE OF SECTION 120.05; AGGRAVATED ASSAULT  UPON  A
  PERSON  LESS  THAN  ELEVEN  YEARS  OLD  AS  DEFINED  IN  SECTION 120.12;
  MANSLAUGHTER IN THE FIRST DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
  SECTION  125.20;  MURDER  IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
  FOUR OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN  SUBDIVI-
  SION  TWO  OF  SECTION  130.25;  RAPE IN THE SECOND DEGREE AS DEFINED IN
  SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
  OF SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
  SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL  ACT  IN  THE  SECOND
  DEGREE  AS  DEFINED  IN SECTION 130.45; CRIMINAL SEXUAL ACT IN THE FIRST
  DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.50;  SEXUAL  ABUSE
  IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.60;
  SEXUAL ABUSE IN THE FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  THREE  OF
  SECTION  130.65;  AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED
  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66; AGGRAVATED SEXUAL
  ABUSE IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
  ONE  OF  SECTION  130.67; AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS
  DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.70; COURSE OF
  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
  130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
  DEFINED IN SECTION 130.80; DISSEMINATING INDECENT MATERIAL TO MINORS  IN
  THE  SECOND  DEGREE AS DEFINED IN SECTION 235.21; DISSEMINATING INDECENT
  MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; USE
  OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05; PROMOT-
  ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
  263.10;  POSSESSING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED
  IN SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
  IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
  IN  SECTION  263.16;  OR  A SIMILAR OFFENSE AGAINST A CHILD IN ANY OTHER
  JURISDICTION.
    ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
  FELONY.

 S. 2475                             3

    S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
  follows:

    (c)  Class  D violent felony offenses: an attempt to commit any of the
  class C felonies set forth in paragraph (b); reckless assault of a child
  as defined in section 120.02, assault in the second degree as defined in
  section 120.05, menacing a police officer or peace officer as defined in
  section 120.18, stalking in the first degree, as defined in  subdivision
  one  of section 120.60, strangulation in the second degree as defined in
  section 121.12, rape in the second degree as defined in section  130.30,
  criminal  sexual  act in the second degree as defined in section 130.45,
  sexual abuse in the first degree as defined in section 130.65, course of
  sexual conduct against a child  in  the  second  degree  as  defined  in
  section  130.80,  aggravated sexual abuse in the third degree as defined
  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
  substance  as  defined  in  section 130.90, ENDANGERING THE WELFARE OF A
  CHILD IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  260.11,  criminal
  possession  of  a  weapon  in the third degree as defined in subdivision
  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
  a firearm in the third degree as defined in section 265.11, intimidating
  a victim or witness in the second degree as defined in  section  215.16,
  soliciting  or  providing  support for an act of terrorism in the second
  degree as defined in section 490.10, and making a terroristic threat  as
  defined  in  section  490.20, falsely reporting an incident in the first
  degree as defined in section 240.60, placing a false bomb  or  hazardous
  substance  in  the  first degree as defined in section 240.62, placing a
  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
  transportation  facility or enclosed shopping mall as defined in section
  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
  first degree as defined in section 405.18.
    S  5. Section 260.12 of the penal law, as amended by chapter 89 of the
  laws of 1984 and as renumbered by section two of this act, is amended to
  read as follows:

  S 260.12 Endangering the welfare of a child; corroboration.
    A person shall not be convicted of endangering the welfare of a  child
  AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, or of an attempt
  to  commit  the same, upon the testimony of a victim who is incapable of
  consent because of mental defect or mental incapacity as to conduct that
  constitutes an offense or an attempt to commit an offense referred to in
  section 130.16,  without  additional  evidence  sufficient  pursuant  to
  section  130.16  to  sustain  a  conviction of an offense referred to in
  section 130.16, or of an attempt to commit the same.
    S 6. Section 260.15 of the penal law, as amended by chapter 447 of the
  laws of 2010, is amended to read as follows:

  S 260.15 Endangering the welfare of a child; defense.
    In any prosecution for endangering the welfare of a child, pursuant to
  section 260.10 OR 260.11 of this article, based upon an alleged  failure
  or  refusal to provide proper medical care or treatment to an ill child,
  it is an affirmative defense that the defendant (a) is a parent, guardi-
  an or other person legally charged with the  care  or  custody  of  such
  child;  and  (b) is a member or adherent of an organized church or reli-
  gious group the tenets of which prescribe prayer as the principal treat-
  ment for illness; and (c) treated or caused such ill child to be treated
  in accordance with such tenets.
    S 7. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.