What's happening
This bill creates a new felony offense for repeat child endangerment, distinguishing first and second degree charges under New York law.
Why it matters
Creates a more severe penalty for repeat offenders. The bill introduces "endangering the welfare of a child in the first degree" as a new felony offense (class E), applying to those previously convicted of child endangerment, thereby escalating punishment for repeat violations.
Establishes a clear distinction between first and second-degree offenses. By defining "second degree" as the base misdemeanor (existing law) and "first degree" as a felony for repeat offenders, the law aims to differentiate between one-time and habitual endangerment, potentially leading to longer sentences for repeat offenders.
May influence prosecutorial and judicial discretion. With the new felony classification, prosecutors may be more likely to pursue harsher charges against repeat offenders, and judges will have statutory grounds for imposing more serious consequences, which could affect plea bargaining and sentencing outcomes.
Signals increased legislative focus on child protection. The amendments reflect a policy shift toward stronger deterrents and greater accountability for those who repeatedly put children at risk, potentially affecting how child welfare cases are prioritized and handled throughout the justice system.
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Who cares
Headline styles
Tougher Child Endangerment Penalties
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1635
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. BROOKS -- 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 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 in the second degree.
A person is guilty of endangering the welfare of a child in the second degree 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.
3. 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 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 in the second degree is a class A misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06879-01-9
S. 1635 2
§ 2. Section 260.11 of the penal law, as amended by chapter 89 of the laws of 1984, is renumbered section 260.12 and amended to read as follows: § 260.12 Endangering the welfare of a child; corroboration.
A person shall not be convicted of endangering the welfare of a child in the first or second degree, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16 of this part, without additional evidence sufficient pursuant to section 130.16 of this part to sustain a conviction of an offense referred to in section 130.16 of this part, or of an attempt to commit the same.
§ 3. The penal law is amended by adding a new section 260.11 to read as follows: § 260.11 Endangering the welfare of a child in the first degree.
A person is guilty of endangering the welfare of a child in the first degree when, having been previously convicted of a violation of this section or of section 260.10 of this article, he or she commits the crime of endangering the welfare of a child in the second degree.
Endangering the welfare of a child in the first degree is a class E felony.
§ 4. Section 260.15 of the penal law, as amended by chapter 447 of the laws of 2010, is amended to read as follows: § 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to section 260.10 or 260.11 of this article, based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the defendant (a) is a parent, guardian or other person legally charged with the care or custody of such child; and (b) is a member or adherent of an organized church or religious group the tenets of which prescribe prayer as the principal treatment for illness; and (c) treated or caused such ill child to be treated in accordance with such tenets.
§ 5. Paragraph c of subdivision 5 of section 120.40 of the penal law, as amended by section 7 of part NN of chapter 55 of the laws of 2018, is amended to read as follows:
c. assault in the third degree, as defined in section 120.00; menacing in the first degree, as defined in section 120.13; menacing in the second degree, as defined in section 120.14; coercion in the first degree, as defined in section 135.65; coercion in the second degree, as defined in section 135.61; coercion in the third degree, as defined in section 135.60; aggravated harassment in the second degree, as defined in section 240.30; harassment in the first degree, as defined in section 240.25; menacing in the third degree, as defined in section 120.15; criminal mischief in the third degree, as defined in section 145.05; criminal mischief in the second degree, as defined in section 145.10, criminal mischief in the first degree, as defined in section 145.12; criminal tampering in the first degree, as defined in section 145.20; arson in the fourth degree, as defined in section 150.05; arson in the third degree, as defined in section 150.10; criminal contempt in the first degree, as defined in section 215.51; endangering the welfare of a child in the second degree, as defined in section 260.10; endangering the welfare of a child in the first degree, as defined in section 260.11; or
§ 6. 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 endangering the welfare of a child
Purpose
The purpose of this bill is to establish the crime of endangering the welfare of a child in the first degree.
Summary of provisions
Section 1. amends section 260.10 of the penal law to provide that making the present endangering of the welfare of a child endangering the welfare of a child in the second degree.
Section 2. renumbers section 260.11 of the penal law and provides conforming changes to the endangering the welfare of a child; corrob- oration statute.
Section 3. amends the penal law by creating a new section 260.11 which establishes the crime of endangering the welfare of a child in the first degree.
Section 4. amends section 260.15 of the penal law to provide conforming changes to the endangering the welfare of a child; defense statute.
Section 5. amends paragraph c of subdivision 5 of section 120.40 of the penal law to provide conforming changes to the penal law.
Section 6. is the enacting clause.
Justification
Presently, the penal law only provides a misdemeanor crime for endanger- ing the welfare of a child, without regard to the past history of the perpetrator. This bill creates a felony crime of endangering the welfare of a child in circumstances under which an individual has previously been charged with child endangerment (in the first or second degree).
This bill recognizes the inherent vulnerability of children and the solemn responsibility of a society to ensure the welfare of its chil- dren. It recognizes that whether by action or omission, when an individ- ual knowingly creates a situation likely to cause injury to a child, that any injuries that result are no less than child abuse. Lastly, it recognizes that persons with a history of placing children in precarious situations commit a more serious crime when they continue in this manner of behavior.
Fiscal implications
None to the state
Effective date
This act shall take effect the 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.