S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2829
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 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 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 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 fails
 or refuses to exercise reasonable diligence in the control of such child
 to  prevent  him  or  her  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  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  left
 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.
                                                            LBD02289-01-3
 S. 2829                             2
              

 
 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. HE OR SHE 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. HE OR SHE 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)  HE  OR  SHE 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 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 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  SUBDIVISION  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; PROMOT-
 ING 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. 2829                             3
 
   § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  134 of the laws of 2019, 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,
 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, 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,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35, ENDANGER-
 ING 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 terror-
 ism 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, aggravated unpermitted use of indoor pyro-
 technics  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. 2829                             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.