New York A 3049: Establishes the crime of endangering the welfare of a child in the first degree

Bill Text

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A03049 Summary:

BILL NOA03049 

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SAME ASNo Same As

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SPONSORLunsford

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COSPNSRColton, Glick, McMahon, Lavine, Simon, Zaccaro, Molitor, Hevesi, Buttenschon, Kassay, Cashman

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MLTSPNSR

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Add §260.09, amd §§260.10, 120.40 & 260.15, Pen L; amd §509-cc, V & T L

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Establishes the crime of endangering the welfare of a child in the first degree; makes technical corrections.

Go to top A03049 Actions:

BILL NOA03049 

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01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03049 Committee&nbspVotes:

Go to topA03049 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03049 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3049

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. LUNSFORD, COLTON, GLICK, McMAHON, LAVINE, SIMON,
 ZACCARO -- read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the crime of
 endangering the welfare of a child in the first degree; and to amend
 the penal law and the vehicle and traffic law, in relation to making
 technical corrections thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 260.09 to
 2 read as follows:
 3 § 260.09 Endangering the welfare of a child in the first degree.
 4 A person is guilty of endangering the welfare of a child in the first
 5 degree when:
 6 1. such person knowingly or recklessly acts in a manner which creates
 7 a risk of either serious physical injury or protracted impairment of the
 8 physical, mental or moral welfare of a child less than seventeen years
 9 old; or
 10 2. such person commits the crime of endangering the welfare of a child
 11 in the second degree, and:
 12 a. being eighteen years old or more such person knowingly or reckless-
 13 ly acts in a manner likely to be injurious to the physical, mental or
 14 moral welfare of a child less than seven years old and causes physical
 15 injury to that child, or
 16 b. such person has previously been convicted of a crime or an attempt
 17 to commit a crime pursuant to the provisions of articles 120, 121, 125,
 18 130, 135, 150, 160, 230, 235, 260 and 263 of the penal law or section
 19 155.40, 155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
 20 215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 220.48,
 21 240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60, 255.25,
 22 255.26, 255.27, 265.01-a, subdivision two of section 265.01, subdivision
 23 one of section 265.02, subdivision one of section 265.03, subdivision

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04366-01-5

 A. 3049 2

 1 one of section 265.04, subdivision five of section 265.10, subdivision
 2 one of section 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, or 265.26
 3 of the penal law and the victim of the crime was less than seventeen
 4 years old or if there was more than one victim at least one of the
 5 victims was less than seventeen years old.
 6 Endangering the welfare of a child in the first degree is a class E
 7 felony.
 8 § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
 9 laws of 2010, is amended to read as follows:
 10 § 260.10 Endangering the welfare of a child in the second degree.
 11 A person is guilty of endangering the welfare of a child in the second
 12 degree when:
 13 1. [He or she] Such person knowingly acts in a manner likely to be
 14 injurious to the physical, mental or moral welfare of a child less than
 15 seventeen years old or directs or authorizes such child to engage in an
 16 occupation involving a substantial risk of danger to [his or her] such
 17 child's life or health; or
 18 2. Being a parent, guardian or other person legally charged with the
 19 care or custody of a child less than eighteen years old, [he or she]
 20 such person fails or refuses to exercise reasonable diligence in the
 21 control of such child to prevent [him or her] such child from becoming
 22 an "abused child," a "neglected child," a "juvenile delinquent" or a
 23 "person in