Senate Bill S1178

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

    S. 1178                                                  A. 3334

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2009
                               ___________

IN  SENATE  --  Introduced  by Sens. PERKINS, DIAZ, C. JOHNSON, ONORATO,
  SMITH, THOMPSON -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. MAYERSOHN, FIELDS -- read once and
  referred 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04499-01-9
              

S. 1178                             2                            A. 3334

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
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, subdivision 1 as amended by
chapter 476 of the laws of 1990 and subdivision 2 as amended by  chapter
920 of the laws of 1982, 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] 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 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  fails  or
refuses to exercise reasonable diligence in the control of such child to
prevent  him  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].
  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 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

S. 1178                             3                            A. 3334

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.