S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6760
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. MORINELLO, NORRIS -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  creating  the  crimes  of
   child  abuse,  vulnerable  elderly person or incompetent or physically
   disabled person abuse, and torture

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Noah's Law".
   §  2.  The  penal law is amended by adding two new sections 260.16 and
 260.17 to read as follows:
 § 260.16 CHILD ABUSE IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF CHILD ABUSE IN THE SECOND DEGREE WHEN:
   1. THROUGH OMISSION, NEGLECT, OR A RECKLESS ACT,  THEY  CAUSE  SERIOUS
 PHYSICAL AND/OR MENTAL HARM TO A CHILD;
   2.  THEY  KNOWINGLY  OR INTENTIONALLY COMMIT AN ACT WHICH IS LIKELY TO
 CAUSE PHYSICAL AND/OR MENTAL HARM TO A CHILD, REGARDLESS OF IF SUCH HARM
 OCCURS; OR
   3. THEY KNOWINGLY OR INTENTIONALLY COMMIT AN ACT WHICH IS CRUEL  TO  A
 CHILD, REGARDLESS OF IF ANY HARM OCCURS.
   CHILD ABUSE IN THE SECOND DEGREE IS A CLASS B FELONY.
 § 260.17 CHILD ABUSE IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF CHILD ABUSE IN THE FIRST DEGREE WHEN THEY KNOW-
 INGLY OR INTENTIONALLY CAUSE SERIOUS PHYSICAL AND/OR MENTAL  HARM  TO  A
 CHILD.
   CHILD ABUSE IN THE FIRST DEGREE IS A CLASS A FELONY.
   §  3.  The  penal law is amended by adding two new sections 260.36 and
 260.37 to read as follows:
 § 260.36 VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED
            PERSON ABUSE IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF VULNERABLE  ELDERLY  PERSON  OR  INCOMPETENT  OR
 PHYSICALLY DISABLED PERSON ABUSE IN THE SECOND DEGREE WHEN:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09928-01-3
              

 A. 6760                             2
 
   1.  THROUGH  OMISSION,  NEGLECT, OR A RECKLESS ACT, THEY CAUSE SERIOUS
 PHYSICAL AND/OR MENTAL HARM TO A VULNERABLE ELDERLY PERSON  OR  INCOMPE-
 TENT OR PHYSICALLY DISABLED PERSON;
   2.  THEY  KNOWINGLY  OR INTENTIONALLY COMMIT AN ACT WHICH IS LIKELY TO
 CAUSE PHYSICAL AND/OR MENTAL HARM TO  A  VULNERABLE  ELDERLY  PERSON  OR
 INCOMPETENT  OR  PHYSICALLY  DISABLED PERSON, REGARDLESS OF IF SUCH HARM
 OCCURS; OR
   3. THEY KNOWINGLY OR INTENTIONALLY COMMIT AN ACT WHICH IS CRUEL  TO  A
 VULNERABLE  ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON,
 REGARDLESS OF IF ANY HARM OCCURS.
   VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON
 ABUSE IN THE SECOND DEGREE IS A CLASS B FELONY.
 § 260.37 VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED
            PERSON ABUSE IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF VULNERABLE  ELDERLY  PERSON  OR  INCOMPETENT  OR
 PHYSICALLY DISABLED PERSON ABUSE IN THE FIRST DEGREE WHEN THEY KNOWINGLY
 OR  INTENTIONALLY CAUSE SERIOUS PHYSICAL AND/OR MENTAL HARM TO A VULNER-
 ABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON.
   VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON
 ABUSE IN THE FIRST DEGREE IS A CLASS A FELONY.
   § 4. The penal law is amended by adding a new section 260.40  to  read
 as follows:
 § 260.40 TORTURE.
   A  PERSON IS GUILTY OF TORTURE WHEN THEY KNOWINGLY AND CRUELLY INFLICT
 SERIOUS PHYSICAL INJURY AND/OR SEVERE  MENTAL  PAIN  OR  SUFFERING  UPON
 ANOTHER  PERSON  WITHIN  THEIR CUSTODY OR PHYSICAL CONTROL. TORTURE DOES
 NOT REQUIRE ANY PROOF THAT THE VICTIM SUFFERED PAIN.
   TORTURE IS A CLASS A FELONY.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.