Establishes the crimes of assaulting a child in the first degree and second degree and the crime of aggravated assault on a child; repealer

BILL NUMBER:S4294

Title of bill

An act to amend the penal law, in relation to establishing the crimes of assaulting a child in the first and second degree and the crime of aggravated assault on a child; and to repeal subdivisions 8 and 9 of section 120.05 of such law relating to assault in the second degree

Purpose or general idea of bill

This bill increases the penalties for assaulting children.

Summary of provisions

This bill creates three new penal law offenses that are committed when adults assault children aged 11 or younger:

Assaulting a child in the first degree would be committed when a person aged 18 years or older intentionally causes serious physical injury to a person aged 11 or younger. Assaulting a child in the first degree would constitute a class B violent felony offense.

Assaulting a child in the second degree would be committed when a person acts with the intent to cause physical injury to a person 11 years of age or younger and recklessly causes serious injury to them or, that intentionally causes physical injury to a child less than seven years old. Assaulting a child in the second degree would constitute a class C violent felony offense.

Aggravated assault on a child would be committed when a person commits the offense of assaulting a child in the first or second degree and they have previously been convicted of either of those offenses within the preceding 5 years. Aggravated assault on a child would constitute a class A-Il felony offense.

Effects of present law which this sill would alter

Repeals subdivisions (8) and (9) of Penal Law § 120.05. Adds three new offenses to the Penal Law.

Justification

The existing penalty provisions for assaults against children act to severely limit the punishment that a prosecutor can seek, or that a judge can impose, upon offenders charged and convicted of these terribly heinous crimes.

Under current law, if a person 18 years of age or more uses his/her hands to cause serious physical injury to a child 11 years old or younger, it merely constitutes a class D felony offense (punishable by up to 7 years in state prison). However, if the same person causes physical injury to another adult by using a dangerous instrument (e.g. steel-toed boots), that act would constitute a class B felony offense (punishable by up to 25 years in state prison).

The cold reality of the situation is that the hands of an adult that are used to assault and injure a child are, and therefore should be

considered to be a dangerous instrument. An adult who uses his or her hands to break the legs or back of a child should be facing AT LEAST the same degree of punishment as a man that causes a serious physical injury to another man by kicking him with his steel-toed boots.

The children of this state are its most precious commodity and as such we should do all that we can to keep them safe.

Prior legislative history

Same as A.470 of 2013

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become a law.