New York S 7352: Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses

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S07352 Summary:

BILL NOS07352 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§260.05 & 260.06, Pen L

&nbsp

Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.

Go to top S07352 Actions:

BILL NOS07352 

&nbsp

04/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07352 Committee&nbspVotes:

Go to topS07352 Floor&nbspVotes:

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

Go to topS07352 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7352

 2025-2026 Regular Sessions

 IN SENATE

 April 10, 2025
 ___________

 Introduced by Sen. LANZA -- 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 non-support of a child

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

 1 Section 1. Section 260.05 of the penal law, as amended by chapter 397
 2 of the laws of 1997, the opening paragraph and subdivision 1 as amended
 3 and subdivision 2 as added by chapter 70 of the laws of 2008, is amended
 4 to read as follows:
 5 § 260.05 Non-support of a child in the second degree.
 6 A person is guilty of non-support of a child when:
 7 1. being a parent, guardian or other person legally charged with the
 8 care or custody of a child less than sixteen years old, [he or she] such
 9 person fails or refuses without lawful excuse to provide support for
 10 such child [when he or she is able to do so, or becomes unable to do so,
 11 when, though employable, he or she voluntarily terminates his or her
 12 employment, voluntarily reduces his or her earning capacity, or fails to
 13 diligently seek employment]; or
 14 2. being a parent, guardian or other person obligated to make child
 15 support payments by an order of child support entered by a court of
 16 competent jurisdiction for a child less than eighteen years old, [he or
 17 she] such person knowingly fails or refuses without lawful excuse to
 18 provide support for such child [when he or she is able to do so, or
 19 becomes unable to do so, when, though employable, he or she voluntarily
 20 terminates his or her employment, voluntarily reduces his or her earning
 21 capacity, or fails to diligently seek employment].
 22 In any prosecution under this section, it is an affirmative defense
 23 that the defendant is unable to provide support for the child. Provided
 24 that nothing in this paragraph shall constitute a defense to a prose-
 25 cution for or preclude conviction of the offense defined in this section
 26 where the defendant becomes unable to provide support when, though

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05661-01-5

 S. 7352 2

 1 employable, such defendant voluntarily terminates their employment,
 2 voluntarily reduces their earning capacity, or fails to diligently seek
 3 employment.
 4 Non-support of a child in the second degree is a class A misdemeanor.
 5 § 2. Section 260.06 of the penal law, as amended by chapter 70 of the
 6 laws of 2008, is amended to read as follows:
 7 § 260.06 Non-support of a child in the first degree.
 8 A person is guilty of non-support of a child in the first degree when:
 9 1. (a) being a parent, guardian or other person legally charged with
 10 the care or custody of a child less than sixteen years old, [he or she]
 11 such person fails or refuses without lawful excuse to provide support
 12 for such child [when he or she is able to do so]; or
 13 (b) being a parent, guardian or other person obligated to make child
 14 support payments by an order of child support entered by a court of
 15 competent jurisdiction for a child less than eighteen years old, [he or
 16 she] fails or refuses without lawful excuse to provide support for such
 17 child [when he or she is able to do so]; and
 18 2. [he or she] such person has previously been convicted in the
 19 preceding five years of a [crime defined in] violation of section 260.05
 20 of this article or [a crime defined by the provisions] of this section.
 21 In any prosecution under this section, it is an affi