S T A T E   O F   N E W   Y O R K
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                                  2187

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. BALL, TEDISCO, TOWNSEND, ERRIGO, OAKS, CALHOUN --
  Multi-Sponsored  by  --  M.  of  A.  ALFANO, BACALLES, BARCLAY, BARRA,
  BOYLE, BURLING, BUTLER, CONTE,  CROUCH,  DUPREY,  FINCH,  FITZPATRICK,
  GIGLIO,  HAWLEY,  HAYES,  KOLB, P. LOPEZ, McDONOUGH, McKEVITT, MILLER,
  MOLINARO, O'MARA, QUINN, RABBITT, RAIA,  REILICH,  SALADINO,  SAYWARD,
  SCOZZAFAVA,  SPANO,  THIELE -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  establishing  the  crime  of  endangering  the welfare of a child in a
  sexual manner, a class E felony

  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 a new section 260.09 to
read as follows:
S 260.09 ENDANGERING THE WELFARE OF A CHILD IN A SEXUAL MANNER.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN  A  SEXUAL
MANNER  WHEN HE OR SHE COMMITS THE OFFENSE OF ENDANGERING THE WELFARE OF
A CHILD AND THE INJURIOUS MANNER IN WHICH HE OR SHE ACTED, OR THE  OCCU-
PATION  THE CHILD WAS DIRECTED OR AUTHORIZED TO ENGAGE IN, OR THE REASON
FOR THE CHILD BEING DEEMED AN "ABUSED CHILD",  A  "NEGLECTED  CHILD",  A
"JUVENILE  DELINQUENT"  AND/OR A "PERSON IN NEED OF SUPERVISION" IS OF A
SEXUAL NATURE.
  ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY.
  S 2. Section 260.11 of the penal law, as amended by chapter 89 of  the
laws of 1984, is amended to read as follows:
S 260.11 Endangering the welfare of a child; corroboration.
  A  person shall not be convicted of endangering the welfare of a child
OR ENDANGERING THE WELFARE OF A CHILD IN  A  SEXUAL  MANNER,  or  of  an
attempt  to commit the same, upon the testimony of a victim who is inca-
pable of consent because of mental defect or  mental  incapacity  as  to
conduct  that  constitutes an offense or an attempt to commit an offense

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01462-01-9
              

A. 2187                             2

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  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of  the  laws  of
2008, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45,  130.60, 230.34, 250.50, 255.25, 255.26 [and], 255.27 AND 260.09
or article two hundred sixty-three of the penal law, or section  135.05,
135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is  less  than
seventeen years old and the offender is not the parent of the victim, or
section  230.04, where the person patronized is in fact less than seven-
teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
230.30,  or  section  230.32  or  230.33  of  the  penal  law, or (ii) a
conviction of or a conviction for  an  attempt  to  commit  any  of  the
provisions  of section 235.22 of the penal law, or (iii) a conviction of
or a conviction for an attempt to commit any provisions of the foregoing
sections committed or attempted as  a  hate  crime  defined  in  section
485.05  of  the  penal law or as a crime of terrorism defined in section
490.25 of such law or as a sexually motivated felony defined in  section
130.91 of such law; or
  S 4. This act shall take effect immediately.