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

                                  2417

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, SMITH -- 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 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:
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07001-01-1
              

S. 2417                             2

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, 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
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  7.  The penal law is amended by adding a new section 260.12 to read
as follows:

S. 2417                             3

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
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.