What's happening
This bill creates a new first-degree felony for endangering the welfare of a child and expands what actions constitute child endangerment.
Why it matters
Creates a more severe felony charge for repeat child endangerment. The new first-degree offense targets individuals who either have a previous conviction for endangering a child within the past five years, or who actively try to get someone else to commit child endangerment. This raises the stakes for repeat or orchestrated offenses, potentially leading to longer sentences and more serious consequences.
Expands what counts as child endangerment. The bill specifically outlaws using or permitting children under 16 to engage in begging, collecting refuse, or similar activities, closing loopholes in the existing law and targeting exploitation or hazardous occupations that may not have been explicitly criminalized before.
Impacts employment eligibility for certain jobs. By adding the new felony (first-degree child endangerment) to the list of disqualifying offenses for positions such as school bus drivers, the bill strengthens safeguards around who can work with or around children in sensitive roles.
Maintains religious exemption for medical care decisions. The bill ensures that parents or guardians who rely on prayer for treating a child’s illness, according to their religious beliefs, retain an affirmative defense against child endangerment charges, preserving a specific protection for religious practices.
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Who cares
Headline styles
Protect Kids From Exploitation
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1986
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in relation to endangering the welfare of a child; and to repeal paragraph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law relating to unlawful exhibitions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law is REPEALED.
§ 2. 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, as defined in section 260.10; endangering the welfare of a child in the first degree, as defined in section 260.10-a; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05596-01-9
S. 1986 2
§ 3. 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[.]; or
3. He or she employs, uses or exhibits a child less than sixteen years old, or being the parent, guardian, employer or other person legally charged with the care or custody of such a child, he or she consents to allowing or refuses to restrain, such child from engaging in begging, or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation, or in gathering or picking rags, or collecting cigar stumps, or collecting bones or other refuse from markets or streets, or peddling.
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 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.
§ 4. The penal law is amended by adding a new section 260.10-a to read as follows: § 260.10-a 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 he or she commits the crime of endangering the welfare of a child in the second degree as defined in section 260.10 of this article, and:
1. Has been convicted of such offense or a violation of this section within the previous five years; or
2. Knowingly solicits, requests, commands, importunes or attempts to cause another person to engage in 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.
§ 5. Section 260.11 of the penal law, as amended by chapter 89 of the laws of 1984, is amended to read as follows: § 260.11 Endangering the welfare of a child; corroboration.
A person shall not be convicted of endangering the welfare of a child in the second degree or endangering the welfare of a child in the first 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
S. 1986 3
incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16, without additional evidence sufficient pursuant to section 130.16 to sustain a conviction of an offense referred to in section 130.16, or of an attempt to commit the same.
§ 6. 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 in the second degree, pursuant to section 260.10 of this article, or endangering the welfare of a child in the first degree, pursuant to section 260.10-a 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.
§ 7. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle and traffic law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(c) The offenses referred to in subparagraph (i) of paragraph (b) of subdivision one and subparagraph (i) of paragraph (c) of subdivision two of this section that result in disqualification for a period of five years shall include a conviction under sections 100.10, 105.13, 115.05, 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, 260.10-a, subdivision two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, or any similar offenses committed under a former section of the penal law, or any offenses committed under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law.
§ 8. This act shall take effect immediately.
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 and the vehicle and traffic law, in relation to endangering the welfare of a child; and to repeal paragraph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law relating to unlawful exhibitions
Purpose
To strengthen existing laws that prohibit persons from using children to panhandle
Summary of provisions
Section 1 repeals section 35.07(1)(c) of the Arts & Cultural Affairs Law in order to move the prohibition on using children for panhandling to the Penal Law.
Section 2 amends section 120.40 of the penal law to include the new offense of endangering the welfare of a child in the first degree within the category of specified predicate offenses for the purposes of stalk- ing in the first, second, third or fourth degree.
Section 3 amends section 260.10 related to endangering the welfare of a child to make this offense a crime in the second degree. This crime is also expanded to provide that a person is guilty of this offense if such person employs, uses, or exhibits a child under the age of 16 for the purpose of begging for or receiving alms.
Section 4 adds a new section 260.10-a to the penal law to establish the crime of endangering the welfare of a child in the first degree. A person would be guilty of this new first degree offense if such person commits endangering the welfare of a child in the second degree and has previously been convicted of this crime within the previous five years. A person would also be guilty of this offense if such person commits the crime of endangering the welfare of a child in the second degree and knowingly solicits, requests, commands or causes another person to engage in endangering the welfare of a child. This first degree offense would be a class E felony.
Section 5 adds the crime of endangering the welfare of a child in the first degree to the requirement for corroboration in relation to endan- gering the welfare of a child.
Section 6 adds endangering the welfare of a child in the first degree to the section related to defenses for this offense.
Section 7 adds a conviction for endangering the welfare of a child in the first degree to the list of disqualifications for being a school bus driver
Section 8 states that this Act shall take effect immediately.
Justification
According to a 2015 NBC news report, women have been using their chil- dren to beg for money or as props in order to receive money on street corners. These individuals have refused city and state social services, instead using their children for panhandling. Although this activity is currently illegal, it is rarely enforced by police officers because the statute is not within the penal law. This legislation seeks to prevent such activity in order to protect the welfare of children. Moreover, it seeks to stop the organized nature of this activity in which women take shifts with children to continue collecting money from pedestrians.
Legislative history
2018: S2650 - Passed Senate 2017: S2650 - Passed Senate 2016: S7614 - Passed Senate
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.