Requires any defendant convicted for endangering the welfare of a child where there is a sexual element to the crime to register as a sex offender.
TITLE OF BILL: An act to amend the penal law and the correction law, in relation to endangering the welfare of a child
PURPOSE OR GENERAL IDEA OF BILL: This bill would create a sex offense provision in the endangering the welfare of a child statute and require a convicted offender to register on the Sex Offender Registry.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends º260.10 of the Penal Law to create a sex offense provision requiring any defendant convicted for endangering the welfare of a child where there is a sexual element to the crime to register as a sex offender.
Section two amends subdivision 2 of º 168-a of the Correction Law to define as a sex offense a conviction pursuant to º 260.10 of the Penal Law where there is a sexual element to the crime thereby requiring the defendant to register as a sex offender.
JUSTIFICATION: Currently, the crime of endangering the welfare of a child applies to a wide variety of acts. These acts can range from leaving a young child in a car unattended to exposing a child to drug use to extreme tortures short of homicide. However, the conduct charged under this section often has a sexual component as well. See for example, People v. Ahlers, 1983,98 AD2d 821,470 NYS2d 483 (asking a male child to place his private parts in the privates of a female child, which the child attempted to do in the presence of the defendant); People v. Keindl, 1986,68 NY2d 410,509 NYS2d 790 (continuous pattern of sexual behavior toward children over a two-year period): People v. Morley, 1996, 224 AD2d 730,637 NYS2d 500 (child exposed to pornography and defendant's own sex acts); and People v. Dunavin, 1991, 173 AD2d 1032,570 NYS2d 369 (child shown explicit films, touched by defendant and photographed by defendant in her underwear). But defendants convicted for endangering the welfare of a child who commit acts as described above are not required to register on the Sex Offender Registry. These acts are no different than many of the crimes which require an offender to register, however because of this gap in the law many sex offenders elude the important safeguards for society as a result of the sex Offender Registry.
This legislation attempts to close that gap by requiring any defendant convicted of endangering the welfare of a child, where there is conduct of a sexual nature or sexual behavior involved to register under New York's Sex Offender Registry.
PRIOR LEGISLATIVE HISTORY: 2004: Passed Senate/Assembly Codes Cmte. 2005-06: Passed Senate/Assembly Codes Cmte. 2007-08: Passed Senate/Assembly Codes Cmte. 2009-1O: Senate Codes Cmte./Assembly Codes Cmte.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3206 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to endangering the welfare of a child 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. A person is guilty of endangering the welfare of a child 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08454-01-1 S. 3206 2
ANY DEFENDANT CONVICTED PURSUANT TO THIS SECTION BASED ON CONDUCT OF A SEXUAL NATURE OR BEHAVIOR OF A SEXUAL NATURE SHALL BE REQUIRED TO REGIS- TER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. Endangering the welfare of a child is a class A misdemeanor. S 2. Subdivision 2 of section 168-a of the correction law is amended by adding a new paragraph (f) to read as follows: (F) A CONVICTION OF THE PROVISIONS OF SECTION 260.10 OF THE PENAL LAW WHERE THE DEFENDANT IS REQUIRED BY THE COURT TO REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE. S 3. This act shall take effect on the ninetieth day after it shall have become a law.