S T A T E O F N E W Y O R K
________________________________________________________________________
3049
2025-2026 Regular Sessions
I N A S S E M B L Y
January 23, 2025
___________
Introduced by M. of A. LUNSFORD, COLTON, GLICK, McMAHON, LAVINE, SIMON,
ZACCARO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
endangering the welfare of a child in the first degree; and to amend
the penal law and the vehicle and traffic law, in relation to making
technical corrections thereto
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 section 260.09 to
read as follows:
§ 260.09 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. SUCH PERSON KNOWINGLY OR RECKLESSLY ACTS IN A MANNER WHICH CREATES
A RISK OF EITHER SERIOUS PHYSICAL INJURY OR PROTRACTED IMPAIRMENT OF THE
PHYSICAL, MENTAL OR MORAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS
OLD; OR
2. SUCH PERSON COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD
IN THE SECOND DEGREE, AND:
A. BEING EIGHTEEN YEARS OLD OR MORE SUCH PERSON KNOWINGLY OR RECKLESS-
LY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR
MORAL WELFARE OF A CHILD LESS THAN SEVEN YEARS OLD AND CAUSES PHYSICAL
INJURY TO THAT CHILD, OR
B. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF A CRIME OR AN ATTEMPT
TO COMMIT A CRIME PURSUANT TO THE PROVISIONS OF ARTICLES 120, 121, 125,
130, 135, 150, 160, 230, 235, 260 AND 263 OF THE PENAL LAW OR SECTION
155.40, 155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 220.48,
240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60, 255.25,
255.26, 255.27, 265.01-A, SUBDIVISION TWO OF SECTION 265.01, SUBDIVISION
ONE OF SECTION 265.02, SUBDIVISION ONE OF SECTION 265.03, SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04366-01-5
A. 3049 2
ONE OF SECTION 265.04, SUBDIVISION FIVE OF SECTION 265.10, SUBDIVISION
ONE OF SECTION 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, OR 265.26
OF THE PENAL LAW AND THE VICTIM OF THE CRIME WAS LESS THAN SEVENTEEN
YEARS OLD OR IF THERE WAS MORE THAN ONE VICTIM AT LEAST ONE OF THE
VICTIMS WAS LESS THAN SEVENTEEN YEARS OLD.
ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS A CLASS E
FELONY.
§ 2. Section 260.10 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
§ 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] SUCH PERSON 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] SUCH
CHILD'S 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]
SUCH PERSON fails or refuses to exercise reasonable diligence in the
control of such child to prevent [him or her] SUCH CHILD 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] SUCH PERSON 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.
§ 3. Paragraph c of subdivision 5 of section 120.40 of the penal law,
as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
amended to read as follows:
c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined in section 120.13; menacing in the
second degree, as defined in section 120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree, as
defined in section 135.61; coercion in the third degree, as defined in
section 135.60; aggravated harassment in the second degree, as defined
in section 240.30; harassment in the first degree, as defined in section
240.25; menacing in the third degree, as defined in section 120.15;
criminal mischief in the third degree, as defined in section 145.05;
criminal mischief in the second degree, as defined in section 145.10,
criminal mischief in the first degree, as defined in section 145.12;
criminal tampering in the first degree, as defined in section 145.20;
arson in the fourth degree, as defined in section 150.05; arson in the
third degree, as defined in section 150.10; criminal contempt in the
first degree, as defined in section 215.51; ENDANGERING THE WELFARE OF A
CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.09; endangering the
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welfare of a child IN THE SECOND DEGREE, as defined in section 260.10;
or
§ 4. Section 260.15 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
§ 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to
section 260.09 OR SECTION 260.10 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,
guardian 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
religious group the tenets of which prescribe prayer as the principal
treatment for illness; and (c) treated or caused such ill child to be
treated in accordance with such tenets.
§ 5. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 92 of the laws of 2021, is
amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
[125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,
140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of
section 222.50, subdivision two of section 222.55, 230.00, 230.05,
230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.09, 260.10, subdivision two of section
260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal law, or any similar
offenses committed under a former section of the penal law, or any
offenses committed under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.