New York A 4527: Enacts Noah's Law; creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture

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A04527 Summary:

BILL NOA04527 

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SAME ASSAME AS S03526

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SPONSORMorinello

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COSPNSRChludzinski

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MLTSPNSR

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Add §§260.16, 260.17, 260.36, 260.37 & 260.40, Pen L

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Creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture.

Go to top A04527 Actions:

BILL NOA04527 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04527 Committee&nbspVotes:

Go to topA04527 Floor&nbspVotes:

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

Go to topA04527 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4527

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. MORINELLO -- 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:

 1 Section 1. This act shall be known and may be cited as "Noah's Law".
 2 § 2. The penal law is amended by adding two new sections 260.16 and
 3 260.17 to read as follows:
 4 § 260.16 Child abuse in the second degree.
 5 A person is guilty of child abuse in the second degree when:
 6 1. Through omission, neglect, or a reckless act, they cause serious
 7 physical and/or mental harm to a child;
 8 2. They knowingly or intentionally commit an act which is likely to
 9 cause physical and/or mental harm to a child, regardless of if such harm
 10 occurs; or
 11 3. They knowingly or intentionally commit an act which is cruel to a
 12 child, regardless of if any harm occurs.
 13 Child abuse in the second degree is a class B felony.
 14 § 260.17 Child abuse in the first degree.
 15 A person is guilty of child abuse in the first degree when they know-
 16 ingly or intentionally cause serious physical and/or mental harm to a
 17 child.
 18 Child abuse in the first degree is a class A felony.
 19 § 3. The penal law is amended by adding two new sections 260.36 and
 20 260.37 to read as follows:
 21 § 260.36 Vulnerable elderly person or incompetent or physically disabled
 22 person abuse in the second degree.
 23 A person is guilty of vulnerable elderly person or incompetent or
 24 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.
 LBD02798-01-5

 A. 4527 2

 1 1. Through omission, neglect, or a reckless act, they cause serious
 2 physical and/or mental harm to a vulnerable elderly person or incompe-
 3 tent or physically disabled person;
 4 2. They knowingly or intentionally commit an act which is likely to
 5 cause physical and/or mental harm to a vulnerable elderly person or
 6 incompetent or physically disabled person, regardless of if such harm
 7 occurs; or
 8 3. They knowingly or intentionally commit an act which is cruel to a
 9 vulnerable elderly person or incompetent or physically disabled person,
 10 regardless of if any harm occurs.
 11 Vulnerable elderly person or incompetent or physically disabled person
 12 abuse in the second degree is a class B felony.
 13 § 260.37 Vulnerable elderly person or incompetent or physically disabled
 14 person abuse in the first degree.
 15 A person is guilty of vulnerable elderly person or incompetent or
 16 physically disabled person abuse in the first degree when they knowingly
 17 or intentionally cause serious physical and/or mental harm to a vulner-
 18 able elderly person or incompetent or physically disabled person.
 19 Vulnerable elderly person or incompetent or physically disabled person
 20 abuse in the first degree is a class A felony.
 21 § 4. The penal law is amended by adding a new section 260.40 to read
 22 as follows:
 23 § 260.40 Torture.
 24 A person is guilty of torture when they knowingly and cruelly inflict
 25 serious physical injury and/or severe mental pain or suffering upon
 26 another person within their custody or physical control. Torture does
 27 not require any proof that the victim suffered pain.
 28 Torture is a class A felony.
 29 § 5. This act shall take effect