New York A 3577: Relates to the crime of endangering the welfare of a child

Bill Text

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A03577 Summary:

BILL NOA03577 

&nbsp

SAME ASSAME AS S03710

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SPONSORSimpson

&nbsp

COSPNSRBrown K, Blankenbush, Maher, DeStefano, Bendett, Hawley

&nbsp

MLTSPNSR

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Amd §§260.10, 70.02, 260.12 & 260.15, ren §260.11 to be §260.12, add §260.11, Pen L

&nbsp

Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; converts the current offense of endangering the welfare of a child to a second degree crime.

Go to top A03577 Actions:

BILL NOA03577 

&nbsp

01/28/2025referred to codes

01/07/2026referred to codes

Go to topA03577 Committee&nbspVotes:

Go to topA03577 Floor&nbspVotes:

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

Go to topA03577 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3577

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. SIMPSON, K. BROWN, BLANKENBUSH, MAHER, DeSTEFANO,
 BENDETT, HAWLEY -- 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] Such person knowingly acts in a manner likely to be
 7 injurious to the physical, mental or moral welfare of a child less than
 8 seventeen years old or directs or authorizes such child to engage in an
 9 occupation involving a substantial risk of danger to [his or her] such
 10 child's life or health; or
 11 2. Being a parent, guardian or other person legally charged with the
 12 care or custody of a child less than eighteen years old, [he or she]
 13 such parent, guardian or other person fails or refuses to exercise
 14 reasonable diligence in the control of such child to prevent [him or
 15 her] such child from becoming an "abused child," a "neglected child," a
 16 "juvenile delinquent" or a "person in need of supervision," as those
 17 terms are defined in articles ten, three and seven of the family court
 18 act.
 19 3. A person is not guilty of the provisions of this section when [he
 20 or she] such person engages in the conduct described in subdivision one
 21 of section 260.00 of this article: (a) with the intent to wholly abandon
 22 the child by relinquishing responsibility for and right to the care and
 23 custody of such child; (b) with the intent that the child be safe from
 24 physical injury and cared for in an appropriate manner; (c) the child is

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03726-01-5

 A. 3577 2

 1 left with an appropriate person, or in a suitable location and the
 2 person who leaves the child promptly notifies an appropriate person of
 3 the child's location; and (d) the child is not more than thirty days
 4 old.
 5 Endangering the welfare of a child in the second degree is a class A
 6 misdemeanor.
 7 § 2. Section 260.11 of the penal law is renumbered section 260.12.
 8 § 3. The penal law is amended by adding a new section 260.11 to read
 9 as follows:
 10 § 260.11 Endangering the welfare of a child in the first degree.
 11 A person is guilty of endangering the welfare of a child in the first
 12 degree when:
 13 1. Such person knowingly acts in a manner which creates a risk of
 14 either serious physical injury or prolonged impairment of the mental or
 15 emotional condition of a child less than seventeen years old; or
 16 2. Such person commits the offense of endangering the welfare of a
 17 child in the second degree, when:
 18 (a) The child is less than eleven years old; or
 19 (b) The child suffered physical injury; or
 20 (c) Such person has previously been convicted of any of the following
 21 offenses: endangering the welfare of a child in the second degree as
 22 defined in section 260.10; endangering the welfare of