What's happening
This bill creates the crime of aggravated assault against children under ten and expands criminal use of a firearm in the second degree.
Why it matters
Creates a new, specific felony for adults who intentionally injure children under ten with a deadly weapon. This targets a particularly vulnerable age group, making such assaults a class B violent felony (the same category as serious crimes like first-degree assault and kidnapping), which can result in longer prison sentences and fewer parole opportunities.
Elevates the legal consequences for harm to very young children. By distinguishing assaults against children under ten, the law signals strong societal condemnation and may act as a deterrent, while also ensuring harsher penalties for those who commit violence against young kids.
Expands the crime of criminal use of a firearm in the second degree to include offenses near schools and playgrounds, and a broader list of underlying felonies. This means more situations involving guns near children or schools could result in additional felony charges, increasing potential sentences and targeting gun violence in sensitive locations.
Reflects a policy shift toward tougher penalties and heightened protection for children. The bill’s provisions may affect prosecutorial charging decisions, plea negotiations, and judicial sentencing, signaling that crimes against children and gun offenses near child-centric areas will be treated with increased severity.
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Who cares
Headline styles
Tougher Penalties for Child Assault
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1951
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. KLEIN, AVELLA -- 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 establishing the offenses of aggravated assault upon a person less than ten years old and criminal use of a firearm in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Luisito's law".
§ 2. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, aggravated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07342-01-7
S. 1951 2
assault upon a person less than ten years old as defined in section 120.12-a, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 3. The penal law is amended by adding a new section 120.12-a to read as follows: § 120.12-a Aggravated assault upon a person less than ten years old.
A person is guilty of aggravated assault upon a person less than ten years old when, being eighteen years old or older, with intent to cause physical injury to another person, he or she causes such injury to a child less than ten years old by means of a deadly weapon or dangerous instrument.
Aggravated assault upon a person less than ten years old is a class B felony.
§ 4. Section 265.08 of the penal law, as added by chapter 233 of the laws of 1980, is amended to read as follows: § 265.08 Criminal use of a firearm in the second degree.
1. A person is guilty of criminal use of a firearm in the second degree when he or she commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 of this chapter, or he or she commits a specified offense while knowing he or she is on school grounds, as defined in subdivision fourteen of section 220.00 of this part, or within two hundred fifty feet of any playground operated by the city of New York or any department or public authority thereof, and he or she either:
[(1)] (a) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
[(2)] (b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
2. For the purposes of this section, a "specified offense" is an offense defined by any of the following provisions of this chapter: section 115.05 (criminal facilitation in the second degree), 265.16 (criminal sale of a firearm to a minor), 100.13 (criminal solicitation in the first degree), 155.40 (grand larceny in the second degree), 120.05 (assault in the second degree), 265.11 (criminal sale of a firearm in the third degree), 130.90 (facilitating a sex offense with a controlled substance), 215.16 (intimidating a victim or witness in the second degree), 120.18 (menacing a police officer or peace officer), 120.02 (reckless assault of a child), 120.60 (stalking in the first degree), 121.12 (strangulation in the second degree), 130.30 (rape in the second degree), 130.45 (criminal sexual act in the second degree), 130.65 (sexual abuse in the first degree), 130.80 (course of sexual conduct against a child in the second degree), 130.66 (aggravated sexual abuse in the third degree), 135.65 (coercion in the first degree), 265.17 (criminal purchase or disposal of a weapon), 120.25 (reckless endangerment in the first degree), 160.05 (robbery in the third degree), or 215.12 (tampering with a witness in the second degree).
Criminal use of a firearm in the second degree is a class C felony.
§ 5. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the offenses of aggravated assault upon a person less than ten years old and criminal use of a firearm in the second degree
Purpose or general idea of bill
The purposes of this bill is to establish an act to be called "Luisito's Law". It establishes a separate class B felony of aggravated assault upon a person who is less than ten years old and expands criminal use of a firearm in the second degree to include commission of enumerated class C and D felonies on school grounds and playgrounds.
Specific provisions
Section 1: Enacts amendments to the Penal Law to establish and to be known as "Luisito's Law".
Read the full memo (654 words)
Section 2: Amends Penal Law section 70.02 to: 1) Add to those crimes that are to be considered to be a Class B violent felony a new crime of aggravated assault upon a person less than ten years old as such crime is to be established pursuant to new Penal Law section 120.12-a (bill section 3).
Section 3: Adds a new Penal Law section 120.12-a, relating to aggravated assault upon a person less than ten years old within Article 120 that covers assault and related offenses. This provision adds the new crime of aggravated assault upon a person that is less than ten years old, if the assailant is 18 years or older, and such person with the intent. to cause physical injury to another person, causes injury by means of a deadly weapon or dangerous instrument. Conviction of this crime would be a Class B felony.
Section 4: Amends Penal Law section 265.08, relating to criminal use of a firearm in the second degree, a class C felony, to add instances where a person commits a specified class C or D felony on school grounds or within two hundred fifty feet of a playground operated by the city of New York.
Justification
This new law will be named after Luis Oyola, Jr., a three year old boy who was struck by a stray bullet at a playground in the West Farms neighborhood of the Bronx.
Luis was shot on August 30, 2013, while in Vidalia Park with his family. Fortunately, his wound was not fatal, but other children have not been so lucky, and many more are being robbed of necessary outdoor recreation by rising crime rates in public playgrounds. Already in 2014, the Gun Hill Playground, in the North Bronx, has been plagued by multiple instances of gunfire and a nearby shooting death.
The enactment of Luisito's Law will change the current law by enacting a new crime to enhance the punishment of a person convicted of aggravated assault of a child under the age of 10 years old by means of a deadly weapon or dangerous instrument. Further, expanding the crime of criminal use of a firearm in the second degree will increase the punishment of individuals who commit their violent crimes on or near schools and playgrounds.
Each year too many children in this state become the victims of unnecessary violence in the places where they should feel safe to exercise and play. Like young Luis, these children are innocent victims who can face a lifetime of physical pain, suffering, and psychological damage because of the thoughtless acts of violent criminals. This bill will help make playgrounds and schoolyards safe places for families and children to congregate and create happy childhood memories.
This bill was amended in 2016 to incorporate a technical change due to the enactment of Chapter 368 of the Laws of 2015.
Prior legislative history
2015-2016- S. 1527 - Senate Codes 2014 - S. 6634 - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date upon which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.