S T A T E O F N E W Y O R K
________________________________________________________________________
3604
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. MANKTELOW, REILLY, GOODELL, DeSTEFANO, BRABENEC,
BLANKENBUSH, J. M. GIGLIO, BYRNES, FRIEND, MORINELLO, DiPIETRO, MIKU-
LIN, McDONOUGH, HAWLEY, WALSH, PALMESANO, MILLER, BARCLAY, COOK,
DURSO, TANNOUSIS, SMULLEN, ANGELINO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
assault on a pregnant woman
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Liv Act".
§ 2. The penal law is amended by adding a new section 120.05-a to read
as follows:
§ 120.05-A ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE.
A PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE
WHEN HE OR SHE INTENTIONALLY CAUSES INJURY TO A WOMAN HE OR SHE KNOWS OR
HAS REASON TO KNOW IS PREGNANT OR CAUSES INJURY TO HER UNBORN CHILD.
1. FOR THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY
TO HER UNBORN CHILD.
2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
A. A PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING TO AN
ABORTION FOR WHICH THE CONSENT OF THE PREGNANT WOMAN, OR A PERSON
AUTHORIZED BY LAW TO ACT ON BEHALF OF THE PREGNANT WOMAN, HAS BEEN
OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
3. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE
TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS
GOVERNING HEALTH PROCEDURES.
ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 3. The penal law is amended by adding a new section 120.10-a to read
as follows:
§ 120.10-A ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04166-01-3
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A PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE
WHEN HE OR SHE INTENTIONALLY CAUSES SERIOUS INJURY TO A WOMAN HE OR SHE
KNOWS OR HAS REASON TO KNOW IS PREGNANT OR CAUSES THE DEATH OF HER
UNBORN CHILD.
1. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
A. A PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING TO AN
ABORTION FOR WHICH THE CONSENT OF THE PREGNANT WOMAN, OR A PERSON
AUTHORIZED BY LAW TO ACT ON BEHALF OF THE PREGNANT WOMAN, HAS BEEN
OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
2. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE
TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS
GOVERNING HEALTH PROCEDURES.
ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE IS A CLASS C FELONY.
§ 4. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
penal law, paragraph (b) as amended by chapter 94 of the laws of 2020
and paragraph (c) as amended by chapter 134 of the laws of 2019, are
amended to read as follows:
(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, firefighter or emer-
gency medical services professional as defined in section 120.08,
assault on a judge as defined in section 120.09, ASSAULT ON A PREGNANT
WOMAN IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10-A, gang assault
in the second degree as defined in section 120.06, strangulation in the
first degree as defined in section 121.13, aggravated strangulation as
defined in section 121.13-a, burglary in the second degree as defined in
section 140.25, robbery in the second degree as defined in section
160.10, criminal 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 chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37 OF THIS CHAPTER.
(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, ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE AS
DEFINED IN SECTION 120.05-A, menacing a police officer or peace officer
as defined in section 120.18, stalking in the first degree[,] as defined
in subdivision 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, labor trafficking as
A. 3604 3
defined in paragraphs (a) and (b) of subdivision three of section
135.35, criminal possession of a weapon in the third degree as defined
in subdivision five, six, seven, eight, nine or ten 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 terror-
ism 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, aggravated unpermitted use of indoor pyro-
technics in the first degree as defined in section 405.18, and criminal
manufacture, sale, or transport of an undetectable firearm, rifle or
shotgun as defined in section 265.50 OF THIS CHAPTER.
§ 5. This act shall take effect immediately.