S T A T E   O F   N E W   Y O R K
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                                  5148

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. TITONE, TOBACCO -- Multi-Sponsored by -- M. of A.
  HYER-SPENCER -- 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:

  Section 1.  Section 260.10 of the penal law, subdivision 1 as  amended
by chapter 476 of the laws of 1990 and subdivision 2 as amended by chap-
ter 920 of the laws of 1982, is amended to read as follows:
S 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  knowingly acts in a manner likely to be injurious to the phys-
ical, 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 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  fails  or
refuses to exercise reasonable diligence in the control of such child to
prevent  him  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.
  Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
misdemeanor.
  S 2. Section 260.11 of the penal law is renumbered section 260.12.
  S  3.  The penal law is amended by adding a new section 260.11 to read
as follows:
S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02999-01-9

              

A. 5148                             2

  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE  FIRST
DEGREE WHEN:
  1.  HE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER SERI-
OUS PHYSICAL INJURY OR PROLONGED IMPAIRMENT OF THE MENTAL  OR  EMOTIONAL
CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
  2.  HE  COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD IN THE
SECOND DEGREE AND WHEN:
  (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
  (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
  (C) HE HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE  FOLLOWING  CRIMES:
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 ELEV-
EN 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 SUBDIVISION 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 SEXU-
AL  ACT  IN  THE  THIRD  DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
130.40; CRIMINAL SEXUAL ACT IN THE SECOND DEGREE AS DEFINED  IN  SECTION
130.45;  CRIMINAL  SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SUBDIVI-
SION 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 SUBDIVISION THREE  OF  SECTION  130.65;  AGGRAVATED
SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
SION ONE OF SECTION 130.66; AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE
AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.67; AGGRA-
VATED  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.
  S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of  2007,  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, 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,

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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,  ENDANGERING THE WELFARE OF A CHILD IN THE
FIRST  DEGREE  AS  DEFINED IN SECTION 260.11, facilitating a sex offense
with a controlled substance  as  defined  in  section  130.90,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven or eight 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,  and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.
  S  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:
S 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.
  S 6. The opening paragraph of section 260.15  of  the  penal  law,  as
amended  by  chapter  156  of  the  laws  of 2000, is amended to read as
follows:
  In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 OR 260.11 OF THIS ARTICLE:
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.