Senator Gallivan Sponsors Legislation to Toughen the Law for Endangering the Welfare of a Child

Legislation Would Make Such Abuse a Class D Felony  



ALBANY, NY -  Senator Patrick M. Gallivan (R-C-I, Elma) announces the Senate has unanimously passed legislation that would make it a class D felony in New York State to endanger the welfare of a child under certain circumstances.  Under current law, only misdemeanor penalties can be imposed regardless of the severity of the abuse.


Senator Gallivan co-sponsored the bill (S2475) which amends  the current Penal Law to create a new class D violent felony offense of Endangering the Welfare of a Child in the First Degree, depending on the severity of the crime. 


“Anyone who would do harm to a child should face the full force of the law.  As a former New York State Trooper and Sheriff of Erie County, I believe it is our responsibility as a state to protect the most vulnerable members of our society, our children.  These changes illustrate our commitment to make sure the punishment fits the crime,” said Senator Gallivan, Chairman of the Senate Crime Victims, Crime and Corrections Committee.


The bill enhances penalties when the child abuser knowingly causes or creates a risk of serious injury or prolonged emotional impairment to a child under 17 years of age or repeats the offense of Endangering the Welfare of a Child.  The enhanced penalties would also apply when the victim of the crime is less than 11 years of age or suffers physical injury.