Senate Bill S4294

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

                                  4294

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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 establishing the crimes of
  assaulting a child in the first and second degree  and  the  crime  of
  aggravated  assault  on a child; and to repeal subdivisions 8 and 9 of
  section 120.05 of such law relating to assault in the second degree

  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 three new sections
120.26, 120.27 and 120.28 to read as follows:
S 120.26 ASSAULTING A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ASSAULTING A CHILD IN THE FIRST DEGREE WHEN,  HE
OR  SHE BEING EIGHTEEN YEARS OLD OR OLDER AND WITH INTENT TO CAUSE SERI-
OUS PHYSICAL INJURY TO A PERSON LESS THAN ELEVEN YEARS OLD, CAUSES  SUCH
INJURY TO SUCH PERSON.
  ASSAULTING A CHILD IN THE FIRST DEGREE IS A CLASS B FELONY.
S 120.27 ASSAULTING A CHILD IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF ASSAULTING A CHILD IN THE SECOND DEGREE WHEN:
  1.  BEING  EIGHTEEN  YEARS  OLD  OR OLDER AND WITH THE INTENT TO CAUSE
PHYSICAL INJURY TO A PERSON LESS THAN ELEVEN YEARS OLD, HE OR SHE  RECK-
LESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
  2. BEING EIGHTEEN YEARS OLD OR OLDER AND WITH INTENT TO CAUSE PHYSICAL
INJURY  TO  A  PERSON  LESS  THAN SEVEN YEARS OLD, HE OR SHE CAUSES SUCH
INJURY TO SUCH PERSON.
  ASSAULTING A CHILD IN THE SECOND DEGREE IS A CLASS C FELONY.
S 120.28 AGGRAVATED ASSAULT ON A CHILD.
  A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A CHILD  WHEN  HE  OR  SHE
COMMITS  THE  OFFENSE  OF  ASSAULTING  A  CHILD  IN  THE FIRST DEGREE OR
ASSAULTING A  CHILD  IN  THE  SECOND  DEGREE  AND  HAS  PREVIOUSLY  BEEN
CONVICTED OF EITHER SUCH OFFENSE WITHIN THE PRECEDING FIVE YEARS.
  AGGRAVATED ASSAULT ON A CHILD IS A CLASS A-II FELONY.
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00228-02-3

S. 4294                             2

and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree  as  defined  in  section 120.07, ASSAULTING A CHILD IN THE FIRST
DEGREE AS DEFINED IN SECTION 120.26, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution  of
terrorism  in  the  first  degree as defined in section 490.35, criminal
possession of a chemical weapon  or  biological  weapon  in  the  second
degree  as  defined  in  section  490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in  section  120.06, ASSAULTING A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 120.27, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10, crim-
inal possession of a weapon in the second degree as defined  in  section
265.03,  criminal  use  of  a firearm in the second degree as defined in
section 265.08, criminal sale of a  firearm  in  the  second  degree  as
defined  in section 265.12, criminal sale of a firearm with the aid of a
minor as defined in section 265.14, aggravated criminal possession of  a
weapon as defined in section 265.19, soliciting or providing support for
an  act  of  terrorism in the first degree as defined in section 490.15,
hindering prosecution of terrorism in the second degree  as  defined  in
section  490.30, and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
  S 3. Subdivisions 8 and 9 of section  120.05  of  the  penal  law  are
REPEALED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.