Senate Bill S3710

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3710
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens. LANZA, STEC -- 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 the crime  of  endangering
   the  welfare  of  a child and to create a new crime of endangering the
   welfare of a child in the first degree

   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:
 § 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  PARENT,  GUARDIAN  OR  OTHER  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03726-01-5
              

 S. 3710                             2
 
 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.
   § 2. Section 260.11 of the penal law is renumbered section 260.12.
   § 3. The penal law is amended by adding a new section 260.11  to  read
 as follows:
 § 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. SUCH PERSON 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. SUCH PERSON COMMITS THE OFFENSE OF ENDANGERING  THE  WELFARE  OF  A
 CHILD IN THE SECOND DEGREE, WHEN:
   (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
   (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
   (C)  SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING
 OFFENSES:  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  FORMERLY
 DEFINED IN SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL ACT IN THE
 SECOND DEGREE AS FORMERLY DEFINED IN SECTION 130.45; CRIMINAL SEXUAL ACT
 IN  THE FIRST DEGREE AS FORMERLY 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 SUBDI-
 VISION  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;  PROMOTING  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.
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   § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as amended by chapter 23 of the laws of 2024,  is  amended  to  read  as
 follows:
   (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  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,
 a  crime  formerly  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,  facili-
 tating  a  sex offense with a controlled substance as defined in section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision three of section 135.35, 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 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  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, aggra-
 vated unpermitted use of indoor pyrotechnics  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.
   §  5. Section 260.12 of the penal law, as amended by chapter 89 of the
 laws of 1984 and as renumbered by section two of this act, is amended to
 read as follows:
 § 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.
   § 6. 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 260.10 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-
 S. 3710                             4
 
 ment for illness; and (c) treated or caused such ill child to be treated
 in accordance with such tenets.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.