Expands endangering the welfare of a child to include using a child for the purpose of begging, rag picking, collecting cigar stumps of refuse, or peddling; repealer

Title of bill

An act to amend the penal law and the vehicle and traffic law, in relation to endangering the welfare of a child; and to repeal paragraph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law relating to unlawful exhibitions

Purpose

To strengthen existing laws that prohibit persons from using children to panhandle

Summary of provisions

Section 1 repeals section 35.07(1)(c) of the Arts & Cultural Affairs Law in order to move the prohibition on using children for panhandling to the Penal Law.

Section 2 amends section 120.40 of the penal law to include the new offense of endangering the welfare of a child in the first degree within the category of specified predicate offenses for the purposes of stalking in the first, second, third or fourth degree.

Section 3 amends section 260.10 related to endangering the welfare of a child to make this offense a crime in the second degree. This crime is also expanded to provide that a person is guilty of this offense if such person employs, uses, or exhibits a child under the age of 16 for the purpose of begging for or receiving alms.

Section 4 adds a new section 260.10-a to the penal law to establish the crime of endangering the welfare of a child in the first degree. A person would be guilty of this new first degree offense if such person commits endangering the welfare of a child in the second degree and has previously been convicted of this crime within the previous five years. A person would also be guilty of this offense if such person commits the crime of endangering the welfare of a child in the second degree and knowingly solicits, requests, commands or causes another person to engage in endangering the welfare of a child. This first degree offense would be a class E felony.

Section 5 adds the crime of endangering the welfare of a child in the first degree to the requirement for corroboration in relation to endangering the welfare of a child.

Section 6 adds endangering the welfare of a child in the first degree to the section related to defenses for this offense.

Section 7 adds a conviction for endangering the welfare of a child in the first degree to the list of disqualifications for being a school bus driver

Section 8 states that this Act shall take effect immediately.

Justification

According to a 2015 NBC news report, women have been using their children to beg for money or as props in order to receive money on street corners. These individuals have refused city and state social services, instead using their children for panhandling. Although this activity is currently illegal, it is rarely enforced by police officers because the statute is not within the penal law. This legislation seeks to prevent such activity in order to protect the welfare of children. Moreover, it seeks to stop the organized nature of this activity in which women take shifts with children to continue collecting money from pedestrians.

Legislative history

New bill

Fiscal implications

None.

Effective date

Immediately