What's happening
This bill makes it a crime for parents or guardians to knowingly allow registered sex offenders to live with children under 18.
Why it matters
Raises parental responsibility. This bill expands what counts as endangering the welfare of a child, making it a criminal act if a parent or guardian knowingly allows a registered sex offender to live in the same household as a child under 18, regardless of the offender’s relationship to the child.
Potential for broader legal consequences. Parents or guardians could face criminal charges even if no direct harm to the child has occurred, based solely on the presence of a registered sex offender in the home. This shifts the standard from actual harm or neglect to the risk posed by association.
Impacts on family and living arrangements. The law could force difficult choices for families, especially if a registered sex offender is a family member (such as a parent or sibling), possibly leading to removal of that person from the household or legal action against the parent or guardian.
Signals a preventative approach. By criminalizing this situation, the bill emphasizes preventing possible harm rather than responding after harm has occurred, reflecting a policy shift towards proactive child protection regarding known sex offenders.
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Who cares
Headline styles
Ban Sex Offenders from Homes
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1753
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. CROUCH, BARCLAY, KOLB -- Multi-Sponsored by -- M. of A. FINCH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of endangering the welfare of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 260.10 of the penal law, as amended by chapter 447 of the laws of 2010, is amended to read as follows: § 260.10 Endangering the welfare of a child.
A person is guilty of endangering the welfare of a child when:
1. He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health; or
2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act[.]; or
3. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she knowingly allows any person who is a registered sex offender, pursuant to article six-C of the correction law, to reside within the household with such child.
4. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of section 260.00 of this article: (a) with the intent to wholly abandon the child by relinquishing responsibility for and right to the care and custody of such child; (b) with the intent that the child be safe from physical
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02977-01-9
A. 1753 2
injury and cared for in an appropriate manner; (c) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (d) the child is not more than thirty days old.
Endangering the welfare of a child is a class A misdemeanor.
§ 2. This act shall take effect on the thirtieth day after it shall become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.