What's happening
This bill, the "Child Protection Act of 2017," creates new crimes and penalties for aggravated murder, manslaughter, abuse, and endangerment of children under 14, and establishes stricter sentencing for such offenses.
Why it matters
Expansion and clarification of who can be held criminally responsible. The bill broadens liability for child abuse and related crimes to include not just parents or guardians, but also any "person in a position of trust" over a child under 14. This means teachers, coaches, babysitters, and others who briefly or regularly supervise children could now face severe criminal charges for abusive acts or neglect.
Enhanced penalties and new felony classes. The legislation creates new degrees of aggravated abuse, endangerment, manslaughter, and murder of children under 14, with most designated as felonies—some carrying mandatory life sentences without parole. This signals a significant increase in potential prison time for offenders, reflecting the state’s intent to treat crimes against young children with the utmost severity.
Impact on related civil rights and family law. Convictions under these new statutes trigger consequences beyond criminal sentencing, such as automatic disqualification from inheritance (joint bank accounts) and providing grounds for expedited termination of parental rights in child welfare proceedings. This connects criminal outcomes to lasting family and financial consequences.
Broad definition of "child abuse offense". The bill defines "child abuse offense" to include not only direct acts of violence or neglect, but also a wide range of sex crimes, endangerment, and even certain out-of-state convictions. This expansive definition means a prior conviction for a broad set of crimes may escalate future charges and penalties if a new offense against a child occurs.
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Who cares
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Tougher Penalties for Child Abuse
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1033
- Referred to codes
Full text
12 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5425
2017-2018 Regular Sessions
IN SENATE
March 27, 2017
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law and the social services law, in relation to establishing the offenses of aggravated murder of a child, aggravated abuse of a child in… Show allHide
AN ACT to amend the penal law, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law and the social services law, in relation to establishing the offenses of aggravated murder of a child, aggravated abuse of a child in the third degree, aggravated abuse of a child in the second degree, aggravated abuse of a child in the first degree, aggravated manslaughter of a child, aggravated endangering the welfare of a child, and aggravated manslaughter of a child; and to repeal subdivision 5 of section 125.25 of the penal law relating to the murder of a person under 14 years of age while in the course of committing certain sex offenses
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 the "child protection act of 2017".
§ 2. Section 10.00 of the penal law is amended by adding two new subdivisions 22 and 23 to read as follows:
22. "Person in a position of trust" means any person who is charged with any duty or responsibility for the health, education, welfare, supervision or care of another person, either independently or through another person, no matter how brief.
23. "Child abuse offense" means:
(a) patronizing a prostitute in the second degree as defined in section 230.05; patronizing a prostitute in the first degree as defined in section 230.06; promoting prostitution in the second degree as defined in subdivision two of section 230.30; promoting prostitution in the first degree as defined in section 230.32; disseminating indecent materials to minors in the second degree as defined in section 235.21; disseminating indecent materials to minors in the first degree as defined in section 235.22; abandonment of a child as defined in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08710-01-7
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260.00; non-support of a child in the second degree as defined in section 260.05; non-support of a child in the first degree as defined in section 260.06; endangering the welfare of a child as defined in section 260.10; aggravated endangering the welfare of a child as defined in section 260.09; unlawfully dealing with a child in the first degree as defined in section 260.20; unlawfully dealing with a child in the second degree as defined in section 260.21; or an offense defined in article two hundred sixty-three of this chapter; or
(b) an offense defined in article one hundred twenty, one hundred twenty-five, one hundred thirty or one hundred thirty-five of this chapter provided the victim of such offense is less than fourteen years of age; or
(c) an attempt to commit an offense listed in paragraph (a) or (b) of this subdivision; or
(d) an offense in any other jurisdiction which includes all of the essential elements of any such crime listed in paragraph (a), (b) or (c) of this subdivision.
§ 3. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: § 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; aggravated murder of a child
offenders; certain murder in the second degree offenders;
certain terrorism offenders; criminal possession of a chemical
weapon or biological weapon offenders; criminal use of a chem-
ical weapon or biological weapon offenders.
When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted [of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter or of the crime of aggravated murder of a child as defined in section 125.28 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdivision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of imprisonment for a class A-I felony
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other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title.
§ 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows:
(i) For a class A-I felony, such minimum period shall not be less than fifteen years nor more than twenty-five years; provided, however, that (A) where a sentence, other than a sentence of death or life imprisonment without parole, is imposed upon a defendant convicted of murder in the first degree as defined in section 125.27 of this chapter such minimum period shall be not less than twenty years nor more than twenty-five years, and, (B) where a sentence is imposed upon a defendant [convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] convicted of aggravated murder as defined in section 125.26 of this chapter or convicted of aggravated murder of a child as defined in section 125.28 of this chapter, the sentence shall be life imprisonment without parole, and, (C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in article one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated murder as defined in article one hundred ten of this chapter and section 125.26 of this chapter or attempted aggravated murder of a child as defined in article one hundred ten of this chapter and section 125.28 of this chapter such minimum period shall be not less than twenty years nor more than forty years.
§ 5. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant must be sentenced to life imprisonment without parole upon conviction [for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or] for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter or for the crime of aggravated murder of a child as defined in section 125.28 of this chapter. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter.
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§ 6. Paragraphs (a), (b) and (c) of subdivision 1 of section 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter 368 of the laws of 2015, and paragraph (b) as amended by chapter 1 of the laws of 2013, are 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, aggravated manslaughter of a child as defined in section 125.23, 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, 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.
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, aggravated abuse of a child in the first degree as defined in section 120.09-b, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
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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, the criminal procedure law, the vehicle and traffic law, the estates, powers and trusts law and the social services law, in relation to establishing the offenses of aggravated murder of a child, aggravated abuse of a child in the third degree, aggravated abuse of a child in the second degree, aggravated abuse of a child in the first degree, aggravated manslaughter of a child, aggravated endangering the welfare of a child, and aggravated manslaughter of a child; and to repeal subdivision 5 of section 125.25 of the penal law relating to the murder of a person under 14 years of age while in the course of committing certain sex offenses
Summary of provisions
Section 1 - enacts "The Child Protection Act of 2017."
Section 2 - 'defines terms "person in a position of trust" and "child abuse offense."
Read the full memo (1,717 words)
Sections 3, 4 and 5 - amend provisions of current law to require a sentence of life without parole for persons convicted of the new crime of aggravated murder of a child.
Section 6 - provides that the new crime of aggravated manslaughter of a child is a class B violent felony offense; the new crime of aggravated abuse of a child 1st degree is a class C violent felony offense; and the new crime of aggravated abuse of a child 2nd degree is a class D violent felony offense.
Section 7 - provides that an attempt to commit the new class A-1 felony of aggravated murder of a child is also a class A-1 felony.
Section 8 - renames the crime reckless assault of a child by a child day care provider to aggravated abuse of a child in the third degree. This E felony, which formerly only applied to day care providers, now would apply to a parent, guardian or person in a position of trust who recklessly causes physical injury to a child under age 14.
Section 9 - defines a new class D violent felony of aggravated abuse of a child in the second degree and a new class C violent felony of aggravated abuse of a child in the first degree.
Section 10 - defines a new class B violent felony offense of aggravated manslaughter of a child, and a new class A-1 felony offense of aggravated murder of a child.
Sections 11, 12 and 13 - make changes to existing provisions of law to conform these existing laws to reflect the changes made by this bill.
Section 14 - defines the new class E felony offense of aggravated endangering the welfare of a child.
Section 15 - provides that speedy trial requirements set forth in the current law do not apply to a prosecution for aggravated murder of a child.
Section 16 - amends provisions of current law to provide that a prosecution for aggravated murder of a child or aggravated manslaughter of a child cannot be terminated upon the consent of the parties.
Section 17 - provides that a child witness called to testify before the grand jury may be accompanied by a social worker, rape crisis counselor, psychologist, or other professional to provide emotional support when giving testimony regarding a charge of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first, second or third degree or aggravated endangering the welfare of a child.
Section 18 - amends provisions of law authorizing eavesdropping warrant to be issued to allow eavesdropping warranting investigations involving the crimes of aggravated abuse of a child in the 1st, 2nd or 3rd degrees, aggravated murder of a child, aggravated manslaughter of a child or aggravated endangering the welfare of a child.
Section 19 - of the bill amends the provisions of the vehicle and traffic law to include persons convicted of a child abuse offense in provisions of current law disqualifying a person upon conviction of certain crimes from receiving a license to operate a bus.
Section 20 - of the bill amends provisions of current law to prohibit a Person convicted of aggravated murder of a child from inheriting property from the murdered child victim of his or her estate.
Section 21 - of the bill provides that a person convicted of the new crimes of aggravated murder of a child, aggravated manslaughter of a child, aggravated abuse of a child in the first, second or third degree or aggravated endangering the welfare of a child must give a DNA sample for inclusion in the DNA database.
Sections 22 - of the bill provide that a parent convicted of the new crime of aggravated murder of a child or aggravated manslaughter of a child shall be disqualified in certain parental tights proceedings.
Section 23 - is the effective date.
Justification
Serious forms of child abuse are not adequately covered by existing laws. What is more, many existing statutes are so overly complicated as to be practically useless, or carry such disproportionately low punishments as to permit serious child abuse to have essentially no meaningful consequences. Current misdemeanors and nonviolent felonies with probationary sentences do not do enough to save and protect children from cruel and repeated maltreatment.
The Child Protection Act of 2017 fixes these problems in a measured, concise way that respects the existing statutory scheme. The Act would: Create a felony child endangering statute to protect children from especially cruel and sadistic conduct, much as we have done to protect animals through our Agricultural and Markets Law. Under current law, unless physical injury results, the infliction on children of sadistic, painful, dangerous punishments can typically be charged only as misdemeanors. Yet, prosecutors throughout the state frequently are presented with cases in which this type of chilling abuse is visited by care givers upon the children they are meant to protect. Real life cases of such torture include caregivers forcing children to: kneel on rice or piles of pencils for hours; stand outside for hours on winter nights wearing only underpants; regularly gargle with and drink Tabasco sauce; remain locked in closets or in cabinets or chained to radiators for hours on end; hang out of upper-story windows while being held by the ankles. As accounts of the heartbreaking life and tragic death of seven-year-old Nixzmary Brown came to light in 2006, for example, it was revealed she had suffered numerous forms of such punishment prior to her murder, including being forced to regularly defecate and urinate in a litter box, being submerged repeatedly in a tub filled with ice cold water, and being duct-taped and bound to furniture for hours at a time. These forms of child abuse are shocking when encountered and fall far beyond the scope of what constitutes acceptable treatment of a child. This Act would provide enhanced protection for children from these types of cruel and sadistic abuse and create statutes to protect children from serious reckless abuse. This would close loopholes in the law which currently limit penalties for some extreme acts of abuse to misdemeanors or make available only outdated, indecipherable, complicated statutes that in recent years courts have made essentially unavailable to prosecutors. The existing statutes are not written to take into account the reality of how serious child abuse is often inflicted: recklessly and violently, but without specific intent to cause injury, and very often without use of a danger- ous instrument. To the extent existing laws address reckless conduct, they minimize the seriousness by treating it as low level offenses or often include the requirement that the conduct be "depraved" an element that New York courts have in recent years interpreted in a way that is virtually impossible to prove. For example, under current law, parents who recklessly starve an infant to the brink of death for 1-1/2 years and to the point where the child becomes deformed and emaciated can be charged with nothing more than a misdemeanor. In addition, many existing statutes include multiple levels of mixed intent that are nearly impos- sible to understand, let alone prove. Recognize that caregivers and those in positions of trust to care for children have a heightened duty of care to children and violating this special relationship is an aggravating factor in any child abuse crime. There is a special, dependent relationship between children and their guardians, and children are particularly vulnerable to abuse by those who should be their first-line protectors. Because of the nature of the relationship, there is a heightened potential for both physical and emotional harm to children at the hands of their caregivers. The Act thus recognizes a betrayal of this relationship as an aggravating factor in child abuse crimes.
With passage of the Child Protection Act of 2017, New York would codify in explicit terms that breaches of caregivers' special duty of care to dependant, defenseless children will carry added consequences to reflect the seriousness of the breach. Increase penalties for repeat child abusers. Where a person abuses a child and has previously committed crimes against children, increased penalties are called for. The Act would address this under Aggravated Abuse of A Child in the First and Second Degrees, and under Aggravated Endangering the Welfare of A Child by elevating charges one level if an abuser has a prior child abuse conviction.
Each time a high-profile press case emerges involving the tragic abusive death of yet another child, a spotlight is shined on the problem for a brief time. We are reminded of the deficiencies in our laws that prevent us from taking adequate action as soon as abuse of a child begins. We owe it to our children to strengthen the laws and to offer them better protection before the abuse turns fatal.
Fiscal implications
while some additional prosecutions and some increased sentences may result, this would be offset by medical, social welfare and other cost savings from earlier intervention in the lives of abused children.
Legislative history
2005-06: S.07661 - Referred to Codes 2007-08: S.675B - Referred to Codes 2007-08: S.08782 - Referred to Codes 2009-10: S.1510/A.182(Christensen) - Referred to Codes 2009-10: S.7705/A.11035(Lentol) - Referred to Codes 2011-12: S.3285/A.6776(Lentol) - Referred to Codes 2013-14: S.3535 - Referred to Codes 2015-16: S.2628 - Referred to Codes
Effective date
Immediately, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.