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

                                  2451

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to endangering the welfare of
  a child in the first and second degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03480-01-3
              

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  Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
misdemeanor.
  S 2. Section 260.11 of the penal law is renumbered section 260.12.
  S  3.  The penal law is amended by adding a new section 260.11 to read
as follows:
S 260.11 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:
  1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
SERIOUS  PHYSICAL  INJURY  OR  PROLONGED  IMPAIRMENT  OF  THE  MENTAL OR
EMOTIONAL CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
  2. HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF  A  CHILD
IN THE SECOND DEGREE AND WHEN:
  (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
  (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
  (C)  HE  OR  SHE HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING
CRIMES:  ENDANGERING THE WELFARE OF A CHILD  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  260.10;  ENDANGERING THE WELFARE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN THIS  SECTION;  ABANDONMENT  OF  A  CHILD  AS
DEFINED  IN  SECTION  260.00; ASSAULT IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION EIGHT OR NINE OF SECTION 120.05; AGGRAVATED ASSAULT  UPON  A
PERSON  LESS  THAN  ELEVEN  YEARS  OLD  AS  DEFINED  IN  SECTION 120.12;
MANSLAUGHTER IN THE FIRST DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
SECTION  125.20;  MURDER  IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
FOUR OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN  SUBDIVI-
SION  TWO  OF  SECTION  130.25;  RAPE IN THE SECOND DEGREE AS DEFINED IN
SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
OF SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL  ACT  IN  THE  SECOND
DEGREE  AS  DEFINED  IN SECTION 130.45; CRIMINAL SEXUAL ACT IN THE FIRST
DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.50;  SEXUAL  ABUSE
IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.60;
SEXUAL ABUSE IN THE FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  THREE  OF
SECTION  130.65;  AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66; AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
ONE  OF  SECTION  130.67; AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.70; COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 130.80; DISSEMINATING INDECENT MATERIAL TO MINORS  IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 235.21; DISSEMINATING INDECENT
MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; USE
OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05; PROMOT-
ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
263.10;  POSSESSING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN  SECTION  263.16;  OR  A SIMILAR OFFENSE AGAINST A CHILD IN ANY OTHER
JURISDICTION.
  ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
FELONY.
  S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  405 of the laws of 2010, is amended to read as
follows:

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  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18,  stalking in the first degree[,] as defined in subdivi-
sion one of section  120.60,  strangulation  in  the  second  degree  as
defined  in  section  121.12,  rape  in  the second degree as defined in
section 130.30, criminal sexual act in the second degree as  defined  in
section  130.45,  sexual abuse in the first degree as defined in section
130.65, course of sexual conduct against a child in the second degree as
defined in section 130.80, aggravated sexual abuse in the  third  degree
as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
controlled substance as  defined  in  section  130.90,  ENDANGERING  THE
WELFARE  OF  A  CHILD  IN THE FIRST DEGREE AS DEFINED IN SECTION 260.11,
criminal possession of a weapon in the third degree as defined in subdi-
vision five, six, seven or eight of section 265.02, criminal sale  of  a
firearm in the third degree as defined in section 265.11, intimidating a
victim  or  witness  in  the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism  in  the  second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  S 5. Section 260.12 of the penal law, as amended by chapter 89 of  the
laws  of  1984  and renumbered by section two of this act, is amended to
read as follows:
S 260.12 Endangering the welfare of a child; corroboration.
  A person shall not be convicted of endangering the welfare of a  child
AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, or of an attempt
to  commit  the same, upon the testimony of a victim who is incapable of
consent because of mental defect or mental incapacity as to conduct that
constitutes an offense or an attempt to commit an offense 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 6. Section 260.15 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
S 260.15 Endangering the welfare of a child; defense.
  In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 OR 260.11 of this article, based upon an alleged  failure
or  refusal to provide proper medical care or treatment to an ill child,
it is an affirmative defense that the defendant (a) is a parent, guardi-
an or other person legally charged with the  care  or  custody  of  such
child;  and  (b) is a member or adherent of an organized church or reli-
gious group the tenets of which prescribe prayer as the principal treat-
ment for illness; and (c) treated or caused such ill child to be treated
in accordance with such tenets.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.