S T A T E O F N E W Y O R K
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1871
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
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Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to defining offenses against
the family
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 article 122 to
read as follows:
ARTICLE 122
FAMILY OFFENSES
SECTION 122.00 DEFINITIONS.
122.05 DOMESTIC VIOLENCE.
122.10 AGGRAVATED DOMESTIC VIOLENCE.
122.15 EXTREME DOMESTIC VIOLENCE.
122.20 DEFENSE.
S 122.00 DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "FAMILY MEMBER" MEANS ANY PERSON RELATED BY BLOOD OR MARRIAGE, AS A
SPOUSE, OR AS AN ANCESTOR OR DESCENDANT; OR ANY PERSONS HAVING CHILDREN
IN COMMON; OR ANY PERSONS HAVING SHARED THE SAME DOMICILE FOR A PERIOD
OF SIX MONTHS OR MORE.
2. "ACT OF VIOLENCE" MEANS ANY ASSAULTIVE BEHAVIOR, WHETHER BY OPEN
HAND, FIST, FOOT, TEETH, OR ANY OTHER BODY PART, OR BY ANY INSTRUMENT OR
INSTRUMENTALITY, WHICH CAUSES PHYSICAL INJURY TO ANOTHER FAMILY MEMBER.
3. "INJURY" MEANS ANY OF THE FOLLOWING: BLACK AND BLUE MARKS; WELT
MARKS; A BLACK EYE; SUBSTANTIAL SORENESS; A BITE MARK; A CONCUSSION;
SUTURES; BURNS; OR ANY OTHER MEDICALLY DISTINGUISHABLE BRUISES, CONTU-
SIONS, ABRASIONS OR LACERATIONS, OR ANY "PHYSICAL INJURY" AS THAT TERM
HAS BEEN DEFINED BY ARTICLE ONE HUNDRED TWENTY OF THIS TITLE.
S 122.05 DOMESTIC VIOLENCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05036-01-1
A. 1871 2
A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN BEING A FAMILY MEMBER
WITH INTENT TO CAUSE INJURY TO ANOTHER FAMILY MEMBER, HE OR SHE COMMITS
AN ACT OF VIOLENCE AGAINST ANY FAMILY MEMBER.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
S 122.10 AGGRAVATED DOMESTIC VIOLENCE.
A PERSON IS GUILTY OF AGGRAVATED DOMESTIC VIOLENCE WHEN HE OR SHE
COMMITS AN ACT OF DOMESTIC VIOLENCE AND WHEN:
1. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF AN ACT OF DOMESTIC
VIOLENCE, OR AN ATTEMPT TO COMMIT SAME; OR
2. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF ASSAULT, UNDER ARTICLE
ONE HUNDRED TWENTY OF THIS TITLE, OR AN ATTEMPT TO COMMIT SAME, AND THE
VICTIM IN SAID PRIOR CONVICTION WAS A FAMILY MEMBER; OR
3. HE OR SHE HAS PREVIOUSLY COMMITTED ANOTHER ACT OF DOMESTIC VIOLENCE
WITHIN THE PAST SIX MONTHS AGAINST ANY FAMILY MEMBER, AND AS TO SAID
PRIOR CONDUCT NO PROSECUTION HAS PREVIOUSLY BEEN INSTITUTED, OR PROSE-
CUTION HAS BEEN WITHDRAWN, DISMISSED OR ADJOURNED IN CONTEMPLATION OF
DISMISSAL BEFORE AN ADJUDICATION ON THE MERITS, PROVIDING HOWEVER, THAT
SAID PRIOR CONDUCT MUST BE ALLEGED WITHIN THE ACCUSATORY INSTRUMENT
HEREIN WITH THE SAME SPECIFICITY AS IS REQUIRED FOR THE CONDUCT PRESENT-
LY AT ISSUE; OR
4. HE OR SHE ACCOMPANIES SAID ACT WITH A THREAT OR THREATS TO THE LIFE
OF ANY FAMILY MEMBER; OR
5. HE OR SHE USES OR THREATENS THE USE OF A DANGEROUS INSTRUMENT; OR
6. AT THE TIME OF SAID CONDUCT AN ORDER OF PROTECTION HAS BEEN ISSUED
CONSTRAINING THE CONDUCT OF SAID PERSON; OR
7. AT TWO TIMES OTHER THAN THE ACT OF DOMESTIC VIOLENCE, HE OR SHE
THREATENS THE LIFE OR SAFETY OF ANY FAMILY MEMBER OVER THE PHONE OR BY
ANY AGENT OR INSTRUMENTALITY.
AGGRAVATED DOMESTIC VIOLENCE IS A CLASS E FELONY.
S 122.15 EXTREME DOMESTIC VIOLENCE.
A PERSON IS GUILTY OF EXTREME DOMESTIC VIOLENCE WHEN:
1. WITH INTENT TO CAUSE INJURY TO ANY FAMILY MEMBER, OR IN RECKLESS
DISREGARD OF THE LIKELIHOOD OF CAUSING SUCH INJURY, HE OR SHE COMMITS AN
ACT OR ACTS WHICH RESULT IN SECOND OR THIRD DEGREE BURNS TO ANY FAMILY
MEMBER; OR
2. HE OR SHE COMMITS AN ACT OF DOMESTIC VIOLENCE, HAVING TWICE WITHIN
THE THREE YEARS IMMEDIATELY PRIOR TO SAID ACT BEEN CONVICTED OF ANY
COMBINATION OF DOMESTIC VIOLENCE AND/OR ASSAULT CHARGES, OR AN ATTEMPT
TO COMMIT SAME AGAINST ANY FAMILY MEMBER OR MEMBERS; OR
3. HE OR SHE COMMITS AN ACT OF DOMESTIC VIOLENCE HAVING THREE TIMES
WITHIN A YEAR IMMEDIATELY PRIOR TO SAID ACT COMMITTED OTHER ACTS OF
DOMESTIC VIOLENCE AGAINST ANY FAMILY MEMBER OR MEMBERS, AND AS TO SAID
PRIOR CONDUCT, NO PROSECUTION HAS PREVIOUSLY BEEN INSTITUTED OR PROSE-
CUTION HAS BEEN WITHDRAWN, DISMISSED OR ADJOURNED IN CONTEMPLATION OF
DISMISSAL BEFORE AN ADJUDICATION ON THE MERITS, PROVIDING HOWEVER, THAT
SAID PRIOR CONDUCT MUST BE ALLEGED WITHIN THE ACCUSATORY INSTRUMENT
HEREIN WITH THE SAME SPECIFICITY AS IS REQUIRED FOR THE CONDUCT PRESENT-
LY AT ISSUE; OR
4. HE OR SHE RESTRAINS AS THAT TERM IS DEFINED BY ARTICLE ONE HUNDRED
THIRTY-FIVE OF THIS TITLE A FAMILY MEMBER FOR A PERIOD OF MORE THAN TWO
HOURS, DURING THE COURSE OF WHICH HE OR SHE:
(A) COMMITS AN ACT OF DOMESTIC VIOLENCE; OR
(B) THREATENS THE LIFE OF ANY PERSON; OR
(C) ENDANGERS THE LIFE OF A CHILD; OR
(D) DISPLAYS OR THREATENS THE USE OF A DANGEROUS INSTRUMENT; OR
A. 1871 3
(E) COMMITS THE CRIME OF COERCION AS THAT TERM IS DEFINED BY ARTICLE
ONE HUNDRED THIRTY-FIVE OF THIS TITLE; OR
5. HE OR SHE COMMITS AN ACT OF AGGRAVATED DOMESTIC VIOLENCE AND THE
VICTIM IS LESS THAN TEN YEARS OLD.
EXTREME DOMESTIC VIOLENCE IS A CLASS C FELONY.
S 122.20 DEFENSE.
IT IS AN AFFIRMATIVE DEFENSE UNDER THIS ARTICLE THAT ANY CONDUCT
AGAINST A CHILD BY AN ADULT FAMILY MEMBER WAS JUSTIFIED PURSUANT TO THE
PROVISIONS OF SUBDIVISION ONE OF SECTION 35.10 OF THIS CHAPTER.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.