What's happening
This bill creates new criminal offenses and penalties for domestic violence, aggravated domestic violence, and extreme domestic violence in New York.
Why it matters
Creates distinct criminal categories for varying degrees of domestic violence. , introducing escalating penalties based on prior offenses, use of threats or weapons, severity of harm, and repeat patterns of abuse—potentially leading to more tailored prosecution and sentencing.
Expands the legal definition of “family member”. to include not only relatives by blood or marriage, but also those who have shared a household for at least six months and people with children in common—thereby broadening the law’s reach to encompass a wider range of domestic relationships.
Allows for prosecution based on documented but previously uncharged or dismissed acts of domestic violence. , meaning patterns of abuse that haven’t resulted in conviction can now be used to elevate charges, which may impact plea deals and prosecutorial strategies.
Specifies an affirmative defense for certain parental actions. justified under existing law, aiming to draw a legal line between criminal domestic violence and permissible discipline, which may be relevant to caregivers concerned about over-criminalization.
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Who cares
Domestic violence survivors and advocates
The bill would create a class A misdemeanor and class E and C felonies for specified violence against family members, including people with children in common and people who shared a home for at least six months.
District attorneys and police departments
The bill would establish felony charging grounds involving prior violence, threats, dangerous instruments, orders of protection and certain conduct against children.
- Likely support
Criminal defense attorneys
Certain prior acts could support felony charges even without a prior conviction, provided prosecutors allege that conduct with the required specificity.
Parents and other adult family members
The bill would provide an affirmative defense for conduct against a child justified under Penal Law section 35.10(1).
Headline styles
Create Domestic Violence Crimes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2661
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. HAMILTON -- 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 defining offenses against the family
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new article 122 to read as follows:
ARTICLE 122
FAMILY OFFENSES Section 122.00 Definitions.
122.05 Domestic violence.
122.10 Aggravated domestic violence.
122.15 Extreme domestic violence.
122.20 Defense. § 122.00 Definitions.
For the purposes of this article the following terms shall have the following meanings:
1. "Family member" means any person related by blood or marriage, as a spouse, or as an ancestor or descendant; or any persons having children in common; or any persons having shared the same domicile for a period of six months or more.
2. "Act of violence" means any assaultive behavior, whether by open hand, fist, foot, teeth, or any other body part, or by any instrument or instrumentality, which causes physical injury to another family member.
3. "Injury" means any of the following: black and blue marks; welt marks; a black eye; substantial soreness; a bite mark; a concussion; sutures; burns; or any other medically distinguishable bruises, contusions, abrasions or lacerations, or any "physical injury" as that term has been defined by article one hundred twenty of this title. § 122.05 Domestic violence.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00712-01-7
S. 2661 2
A person is guilty of domestic violence when being a family member with intent to cause injury to another family member, he or she commits an act of violence against any family member.
Domestic violence is a class A misdemeanor. § 122.10 Aggravated domestic violence.
A person is guilty of aggravated domestic violence when he or she commits an act of domestic violence and when:
1. he or she has previously been convicted of an act of domestic violence, or an attempt to commit same; or
2. he or she has previously been convicted of assault, under article one hundred twenty of this title, or an attempt to commit same, and the victim in said prior conviction was a family member; or
3. he or she has previously committed another act of domestic violence within the past six months against any family member, and as to said prior conduct no prosecution has previously been instituted, or prosecution has been withdrawn, dismissed or adjourned in contemplation of dismissal before an adjudication on the merits, providing however, that said prior conduct must be alleged within the accusatory instrument herein with the same specificity as is required for the conduct presently at issue; or
4. he or she accompanies said act with a threat or threats to the life of any family member; or
5. he or she uses or threatens the use of a dangerous instrument; or
6. at the time of said conduct an order of protection has been issued constraining the conduct of said person; or
7. at two times other than the act of domestic violence, he or she threatens the life or safety of any family member over the phone or by any agent or instrumentality.
Aggravated domestic violence is a class E felony. § 122.15 Extreme domestic violence.
A person is guilty of extreme domestic violence when:
1. with intent to cause injury to any family member, or in reckless disregard of the likelihood of causing such injury, he or she commits an act or acts which result in second or third degree burns to any family member; or
2. he or she commits an act of domestic violence, having twice within the three years immediately prior to said act been convicted of any combination of domestic violence and/or assault charges, or an attempt to commit same against any family member or members; or
3. he or she commits an act of domestic violence having three times within a year immediately prior to said act committed other acts of domestic violence against any family member or members, and as to said prior conduct, no prosecution has previously been instituted or prosecution has been withdrawn, dismissed or adjourned in contemplation of dismissal before an adjudication on the merits, providing however, that said prior conduct must be alleged within the accusatory instrument herein with the same specificity as is required for the conduct presently at issue; or
4. he or she restrains as that term is defined by article one hundred thirty-five of this title a family member for a period of more than two hours, during the course of which he or she:
(a) commits an act of domestic violence; or
(b) threatens the life of any person; or
(c) endangers the life of a child; or
(d) displays or threatens the use of a dangerous instrument; or
S. 2661 3
(e) commits the crime of coercion as that term is defined by article one hundred thirty-five of this title; or
5. he or she commits an act of aggravated domestic violence and the victim is less than ten years old.
Extreme domestic violence is a class C felony. § 122.20 Defense.
It is an affirmative defense under this article that any conduct against a child by an adult family member was justified pursuant to the provisions of subdivision one of section 35.10 of this chapter.
§ 2. This act shall take effect on the first of November next succeeding the date on 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 defining offenses against the family
Purpose or general idea of bill
Creates the crimes of domestic violence for acts of violence against family members.
Summary of specific provisions
Section 122.00 defines domestic violence, aggravated domestic violence, extreme domestic violence and defense.
§ 122.00 defines family member, act of violence and injury.
§ 122.05 classifies domestic violence as a class A misdemeanor. A person is guilty of domestic violence when being a family member with intent to cause injury to another family member, he or she commits an act of violence against any family member.
§ 122.10 defines aggravated domestic violence. Aggravated domestic violence is a class E felony.
A person is guilty of aggravated domestic violence when he or she: has previously been convicted of an act of domestic violence, has attempted to commit the act; or has previously been convicted, or attempted, an assault. The victim in the prior conviction was a family member; or he or she has previously committed another act of domestic violence within the past six months against any family member.
§ 122.15 defines extreme domestic violence. Extreme domestic violence is a class C felony.
A person is guilty of extreme domestic violence when: with intent to cause injury to any family member, or in reckless disregard of the likelihood of causing such injury, he or she commits an act or acts which result in second or third degree burns to any family member; or he or she commits an act of domestic violence, having twice within the three years immediately prior to said act been convicted of any combination of domestic violence and/or assault charges, or an attempt to commit same against any family member.
§ 122.20 defines defense.
§ 2 this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Justification
Domestic violence is a major issue that has a physical and emotional effect on the victims involved. It affects people of every background including gender, age, and socioeconomic status.-Women have a higher risk of facing an injury from being attacked by another member in the household and are likely to be attacked more than once in their lifetime. Children also face physical abuse by a parent and are very likely to face physiological effects due to the impact at a young age. It is important that there are effective laws in place that would protect those who suffer abuse in the household.
This legislation provides a clear definition of domestic violence against family members and is able to provide more protection to those who face abuse by a family member and provides a clear definition of domestic violence against family member. This legislation ensures tougher penalties for those who were already convicted of the acts in this amendment. With this proposal, children would be able to live in an environment where they would not endangered or threatened by these acts. This legislation can also deter continuing abuse in households with these stronger penalties. With the family offenses labeled as domestic violence, the domestic abusers would face strict punishment for inflicting abuse on family members. Stronger laws such as this proposal would help domestic violence victims to have a sense of safety and justice for trauma and abuse.
Prior legislative history
2009-10: S.251 - 2015/16: S.4360
Fiscal implications
None to the state.
Effective date
First of November next succeeding the date on 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.