STATE OF NEW YORK ________________________________________________________________________ 3058 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. SIMPSON, K. BROWN -- read once and referred 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: 1 Section 1. Section 260.10 of the penal law, as amended by chapter 447 2 of the laws of 2010, is amended to read as follows: 3 § 260.10 Endangering the welfare of a child in the second degree. 4 A person is guilty of endangering the welfare of a child in the second 5 degree when: 6 1. He or she knowingly acts in a manner likely to be injurious to the 7 physical, mental or moral welfare of a child less than seventeen years 8 old or directs or authorizes such child to engage in an occupation 9 involving a substantial risk of danger to his or her life or health; or 10 2. Being a parent, guardian or other person legally charged with the 11 care or custody of a child less than eighteen years old, he or she fails 12 or refuses to exercise reasonable diligence in the control of such child 13 to prevent him or her from becoming an "abused child," a "neglected 14 child," a "juvenile delinquent" or a "person in need of supervision," as 15 those terms are defined in articles ten, three and seven of the family 16 court act. 17 3. A person is not guilty of the provisions of this section when he or 18 she engages in the conduct described in subdivision one of section 19 260.00 of this article: (a) with the intent to wholly abandon the child 20 by relinquishing responsibility for and right to the care and custody of 21 such child; (b) with the intent that the child be safe from physical 22 injury and cared for in an appropriate manner; (c) the child is left 23 with an appropriate person, or in a suitable location and the person who EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02289-01-3A. 3058 2 1 leaves the child promptly notifies an appropriate person of the child's 2 location; and (d) the child is not more than thirty days old. 3 Endangering the welfare of a child in the second degree is a class A 4 misdemeanor. 5 § 2. Section 260.11 of the penal law is renumbered section 260.12. 6 § 3. The penal law is amended by adding a new section 260.11 to read 7 as follows: 8 § 260.11 Endangering the welfare of a child in the first degree. 9 A person is guilty of endangering the welfare of a child in the first 10 degree when: 11 1. He or she knowingly acts in a manner which creates a risk of either 12 serious physical injury or prolonged impairment of the mental or 13 emotional condition of a child less than seventeen years old; or 14 2. He or she commits the offense of endangering the welfare of a child 15 in the second degree, when: 16 (a) The child is less than eleven years old; or 17 (b) The child suffered physical injury; or 18 (c) He or she has previously been convicted of any of the following 19 offenses: endangering the welfare of a child in the second degree as 20 defined in section 260.10; endangering the welfare of a child in the 21 first degree as defined in this section; abandonment of a child as 22 defined in section 260.00; assault in the second degree as defined in 23 subdivision eight or nine of section 120.05; aggravated assault upon a 24 person less than eleven years old as defined in section 120.12; 25 manslaughter in the first degree as defined in subdivision four of 26 section 125.20; murder in the second degree as defined in subdivision 27 four of section 125.25; rape in the third degree as defined in subdivi- 28 sion two of section 130.25; rape in the second degree as defined in 29 section 130.30; rape in the first degree as defined in subdivision three 30 of section 130.35; criminal sexual act in the third degree as defined in 31 subdivision two of section 130.40; criminal sexual act in the second 32 degree as defined in section 130.45; criminal sexual act in the first 33 degree as defined in subdivision three of section 130.50; sexual abuse 34 in the second degree as defined in subdivision two of section 130.60; 35 sexual abuse in the first degree as defined in subdivision three of 36 section 130.65; aggravated sexual abuse in the third degree as defined 37 in paragraph (c) of subdivision one of section 130.66; aggravated sexual 38 abuse in the second degree as defined in paragraph (c) of subdivision 39 one of section 130.67; aggravated sexual abuse in the first degree as 40 defined in paragraph (c) of subdivision one of section 130.70; course of 41 sexual conduct against a child in the first degree as defined in section 42 130.75; course of sexual conduct against a child in the second degree as 43 defined in section 130.80; disseminating indecent material to minors in 44 the second degree as defined in section 235.21; disseminating indecent 45 material to minors in the first degree as defined in section 235.22; use 46 of a child in a sexual performance as defined in section 263.05; promot- 47 ing an obscene sexual performance by a child as defined in section 48 263.10; possessing an obscene sexual performance by a child as defined 49 in section 263.11; promoting a sexual performance by a child as defined 50 in section 263.15; possessing a sexual performance by a child as defined 51 in section 263.16; or a similar offense against a child in any other 52 jurisdiction. 53 Endangering the welfare of a child in the first degree is a class D 54 felony.A. 3058 3 1 § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, 2 as amended by chapter 134 of the laws of 2019, is amended to read as 3 follows: 4 (c) Class D violent felony offenses: an attempt to commit any of the 5 class C felonies set forth in paragraph (b); reckless assault of a child 6 as defined in section 120.02, assault in the second degree as defined in 7 section 120.05, menacing a police officer or peace officer as defined in 8 section 120.18, stalking in the first degree, as defined in subdivision 9 one of section 120.60, strangulation in the second degree as defined in 10 section 121.12, rape in the second degree as defined in section 130.30, 11 criminal sexual act in the second degree as defined in section 130.45, 12 sexual abuse in the first degree as defined in section 130.65, course of 13 sexual conduct against a child in the second degree as defined in 14 section 130.80, aggravated sexual abuse in the third degree as defined 15 in section 130.66, facilitating a sex offense with a controlled 16 substance as defined in section 130.90, labor trafficking as defined in 17 paragraphs (a) and (b) of subdivision three of section 135.35, endanger- 18 ing the welfare of a child in the first degree as defined in section 19 260.11, criminal possession of a weapon in the third degree as defined 20 in subdivision five, six, seven, eight, nine or ten of section 265.02, 21 criminal sale of a firearm in the third degree as defined in section 22 265.11, intimidating a victim or witness in the second degree as defined 23 in section 215.16, soliciting or providing support for an act of terror- 24 ism in the second degree as defined in section 490.10, and making a 25 terroristic threat as defined in section 490.20, falsely reporting an 26 incident in the first degree as defined in section 240.60, placing a 27 false bomb or hazardous substance in the first degree as defined in 28 section 240.62, placing a false bomb or hazardous substance in a sports 29 stadium or arena, mass transportation facility or enclosed shopping mall 30 as defined in section 240.63, aggravated unpermitted use of indoor pyro- 31 technics in the first degree as defined in section 405.18, and criminal 32 manufacture, sale, or transport of an undetectable firearm, rifle or 33 shotgun as defined in section 265.50. 34 § 5. Section 260.12 of the penal law, as amended by chapter 89 of the 35 laws of 1984 and as renumbered by section two of this act, is amended to 36 read as follows: 37 § 260.12 Endangering the welfare of a child; corroboration. 38 A person shall not be convicted of endangering the welfare of a child 39 as defined in section 260.10 or 260.11 of this article, or of an attempt 40 to commit the same, upon the testimony of a victim who is incapable of 41 consent because of mental defect or mental incapacity as to conduct that 42 constitutes an offense or an attempt to commit an offense referred to in 43 section 130.16, without additional evidence sufficient pursuant to 44 section 130.16 to sustain a conviction of an offense referred to in 45 section 130.16, or of an attempt to commit the same. 46 § 6. Section 260.15 of the penal law, as amended by chapter 447 of the 47 laws of 2010, is amended to read as follows: 48 § 260.15 Endangering the welfare of a child; defense. 49 In any prosecution for endangering the welfare of a child, pursuant to 50 section 260.10 or 260.11 of this article, based upon an alleged failure 51 or refusal to provide proper medical care or treatment to an ill child, 52 it is an affirmative defense that the defendant (a) is a parent, guardi- 53 an or other person legally charged with the care or custody of such 54 child; and (b) is a member or adherent of an organized church or reli- 55 gious group the tenets of which prescribe prayer as the principal treat-A. 3058 4 1 ment for illness; and (c) treated or caused such ill child to be treated 2 in accordance with such tenets. 3 § 7. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.