Bill Text: NY A03512 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to crimes against a child; makes endangering the welfare of a child in the first degree a crime.
Spectrum: Strong Partisan Bill (Republican 16-1)
Status: (Introduced) 2025-01-28 - referred to codes [A03512 Detail]
Download: New_York-2025-A03512-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3512 2025-2026 Regular Sessions IN ASSEMBLY January 28, 2025 ___________ Introduced by M. of A. BARCLAY, MORINELLO, MILLER, SMITH, MIKULIN, GALLAHAN, DeSTEFANO, TAGUE, BRABENEC, CHANG, BLUMENCRANZ, ANGELINO, BROOK-KRASNY, NOVAKHOV -- Multi-Sponsored by -- M. of A. K. BROWN, LEMONDES, MANKTELOW -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the civil practice law and rules, in relation to crimes committed against a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 260.10 of the penal law, as amended by chapter 447 2 of the laws of 2010, is amended to read as follows: 3 § 260.10 Endangering the welfare of a child in the second degree. 4 A person is guilty of endangering the welfare of a child in the second 5 degree when: 6 1. [He or she] Such person knowingly acts in a manner likely to be 7 injurious to the physical, mental or moral welfare of a child less than 8 seventeen years old or directs or authorizes such child to engage in an 9 occupation involving a substantial risk of danger to [his or her] such 10 child's life or health; or 11 2. Being a parent, guardian or other person legally charged with the 12 care or custody of a child less than eighteen years old, [he or she] 13 such parent or guardian fails or refuses to exercise reasonable dili- 14 gence in the control of such child to prevent [him or her] such child 15 from becoming an "abused child," a "neglected child," a "juvenile delin- 16 quent" or a "person in need of supervision," as those terms are defined 17 in articles ten, three and seven of the family court act. 18 3. A person is not guilty of the provisions of this section when [he19or she] such person engages in the conduct described in subdivision one 20 of section 260.00 of this article: (a) with the intent to wholly abandon 21 the child by relinquishing responsibility for and right to the care and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05107-01-5A. 3512 2 1 custody of such child; (b) with the intent that the child be safe from 2 physical injury and cared for in an appropriate manner; (c) the child is 3 left with an appropriate person, or in a suitable location and the 4 person who leaves the child promptly notifies an appropriate person of 5 the child's location; and (d) the child is not more than thirty days 6 old. 7 Endangering the welfare of a child in the second degree is a class A 8 misdemeanor. 9 § 2. Section 260.11 of the penal law is renumbered section 260.12. 10 § 3. The penal law is amended by adding a new section 260.11 to read 11 as follows: 12 § 260.11 Endangering the welfare of a child in the first degree. 13 A person is guilty of endangering the welfare of a child in the first 14 degree when: 15 1. Such person knowingly acts in a manner which creates a foreseeable 16 risk of either serious physical injury or protracted harm to the mental 17 or emotional welfare of a child less than seventeen years old; or 18 2. Such person commits the crime of endangering the welfare of a child 19 in the second degree and has previously been convicted of endangering 20 the welfare of a child in the second degree as defined in section 260.10 21 of this article or endangering the welfare of a child in the first 22 degree as defined in this section. 23 Endangering the welfare of a child in the first degree is a class D 24 felony. 25 § 4. Section 260.12 of the penal law, as amended by chapter 89 of the 26 laws of 1984 and as renumbered by section two of this act, is amended to 27 read as follows: 28 § 260.12 Endangering the welfare of a child; corroboration. 29 A person shall not be convicted of endangering the welfare of a child 30 as defined in sections 260.10 or 260.11 of this article, or of an 31 attempt to commit the same, upon the testimony of a victim who is inca- 32 pable of consent because of mental defect or mental incapacity as to 33 conduct that constitutes an offense or an attempt to commit an offense 34 referred to in section 130.16 of this chapter, without additional 35 evidence sufficient pursuant to section 130.16 of this chapter to 36 sustain a conviction of an offense referred to in section 130.16 of this 37 chapter, or of an attempt to commit the same. 38 § 5. Section 260.15 of the penal law, as amended by chapter 447 of the 39 laws of 2010, is amended to read as follows: 40 § 260.15 Endangering the welfare of a child; defense. 41 In any prosecution for endangering the welfare of a child, pursuant to 42 section 260.10 or 260.11 of this article, based upon an alleged failure 43 or refusal to provide proper medical care or treatment to an ill child, 44 it is an affirmative defense that the defendant (a) is a parent, guardi- 45 an or other person legally charged with the care or custody of such 46 child; and (b) is a member or adherent of an organized church or reli- 47 gious group the tenets of which prescribe prayer as the principal treat- 48 ment for illness; and (c) treated or caused such ill child to be treated 49 in accordance with such tenets. 50 § 6. Paragraph (a) of subdivision 2 of section 30.10 of the criminal 51 procedure law, as amended by chapter 315 of the laws of 2019, is amended 52 to read as follows: 53 (a) A prosecution for a class A felony, or rape in the first degree as 54 defined in section 130.35 of the penal law, or a crime defined or 55 formerly defined in section 130.50 of the penal law, or aggravated sexu- 56 al abuse in the first degree as defined in section 130.70 of the penalA. 3512 3 1 law, or course of sexual conduct against a child in the first degree as 2 defined in section 130.75 of the penal law, or incest in the first 3 degree as defined in section 255.27 of the penal law, or predatory sexu- 4 al assault as defined in section 130.95 of the penal law or predatory 5 sexual assault against a child as defined in section 130.96 of the penal 6 law may be commenced at any time; 7 § 7. Section 213-c of the civil practice law and rules, as amended by 8 chapter 23 of the laws of 2024, is amended to read as follows: 9 § 213-c. Action by victim of conduct constituting certain sexual 10 offenses. Notwithstanding any other limitation set forth in this arti- 11 cle, except as provided in subdivision (b) of section two hundred eight 12 of this article, all civil claims or causes of action brought by any 13 person for physical, psychological or other injury or condition suffered 14 by such person as a result of conduct which would constitute rape in the 15 first degree as defined in section 130.35 of the penal law, or rape in 16 the second degree as defined in subdivision four, five or six of section 17 130.30 of the penal law, or rape in the second degree as defined in 18 former subdivision two of section 130.30 of the penal law, or rape in 19 the third degree as defined in subdivision one, two, three, seven, eight 20 or nine of section 130.25 of the penal law, or a crime formerly defined 21 in section 130.50 of the penal law, or a crime formerly defined in 22 subdivision two of section 130.45 of the penal law, or a crime formerly 23 defined in subdivision one or three of section 130.40 of the penal law, 24 or incest in the first degree as defined in section 255.27 of the penal 25 law, or incest in the second degree as defined in section 255.26 of the 26 penal law (where the crime committed is rape in the second degree as 27 defined in subdivision four, five or six of section 130.30 of the penal 28 law, or rape in the second degree as formerly defined in subdivision two 29 of section 130.30 of the penal law, or a crime formerly defined in 30 subdivision two of section 130.45 of the penal law), or aggravated sexu- 31 al abuse in the first degree as defined in section 130.70 of the penal 32 law, or course of sexual conduct against a child in the first degree as 33 defined in section 130.75 of the penal law, or predatory sexual assault 34 as defined in section 130.95 of the penal law or predatory sexual 35 assault against a child as defined in section 130.96 of the penal law 36 may be brought against any party whose intentional or negligent acts or 37 omissions are alleged to have resulted in the commission of the said 38 conduct, within twenty years. Nothing in this section shall be construed 39 to require that a criminal charge be brought or a criminal conviction be 40 obtained as a condition of bringing a civil cause of action or receiving 41 a civil judgment pursuant to this section or be construed to require 42 that any of the rules governing a criminal proceeding be applicable to 43 any such civil action. 44 § 8. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 45 tice law and rules, as added by chapter 23 of the laws of 2024, is 46 amended to read as follows: 47 (b) Whenever it is shown that a criminal action against the same 48 defendant has been commenced with respect to the event or occurrence 49 from which a claim governed by this section arises, and such criminal 50 action is for rape in the first degree as defined in section 130.35 of 51 the penal law, or a crime formerly defined in section 130.50 of the 52 penal law, or aggravated sexual abuse in the first degree as defined in 53 section 130.70 of the penal law, or course of sexual conduct against a 54 child in the first degree as defined in section 130.75 of the penal law, 55 or predatory sexual assault as defined in section 130.95 of the penal 56 law, or predatory sexual assault against a child as defined in sectionA. 3512 4 1 130.96 of the penal law, the plaintiff shall have at least five years 2 from the termination of the criminal action as defined in section 1.20 3 of the criminal procedure law in which to commence the civil action, 4 notwithstanding that the time in which to commence such action has 5 already expired or has less than a year remaining. 6 § 9. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 7 procedure law, as amended by chapter 11 of the laws of 2019, is amended 8 to read as follows: 9 (f) For purposes of a prosecution involving a sexual offense as 10 defined in article one hundred thirty of the penal law, other than a 11 sexual offense delineated in paragraph (a) of subdivision two of this 12 section, committed against a child less than eighteen years of age, 13 incest in the first, second or third degree as defined in sections 14 255.27, 255.26 and 255.25 of the penal law committed against a child 15 less than eighteen years of age, or use of a child in a sexual perform- 16 ance as defined in section 263.05 of the penal law, [the period of limi-17tation shall not begin to run until the child has reached the age of18twenty-three or the offense is reported to a law enforcement agency or19statewide central register of child abuse and maltreatment, whichever20occurs earlier] may be commenced at any time. 21 § 10. Subdivision 4 of section 130.65 of the penal law, as amended by 22 chapter 26 of the laws of 2011, is amended to read as follows: 23 4. When the other person is less than thirteen years old and the actor 24 is [twenty-one] eighteen years old or older. 25 § 11. Paragraph (c) of subdivision 1 of section 130.67 of the penal 26 law, as added by chapter 450 of the laws of 1988, is amended and a new 27 paragraph (d) is added to read as follows: 28 (c) When the other person is less than eleven years old[.]; or 29 (d) When the other person is less than thirteen years old and the 30 actor is eighteen years old or older. 31 § 12. Paragraph (c) of subdivision 1 of section 130.70 of the penal 32 law, as amended by chapter 450 of the laws of 1988, is amended and a new 33 paragraph (d) is added to read as follows: 34 (c) When the other person is less than eleven years old[.]; or 35 (d) When the other person is less than thirteen years old and the 36 actor is eighteen years old or older. 37 § 13. Paragraph (a) of subdivision 1 of section 70.02 of the penal 38 law, as amended by chapter 23 of the laws of 2024, is amended to read as 39 follows: 40 (a) Class B violent felony offenses: an attempt to commit the class 41 A-I felonies of murder in the second degree as defined in section 42 125.25, kidnapping in the first degree as defined in section 135.25, and 43 arson in the first degree as defined in section 150.20; manslaughter in 44 the first degree as defined in section 125.20, aggravated manslaughter 45 in the first degree as defined in section 125.22, rape in the first 46 degree as defined in section 130.35, a crime formerly defined in section 47 130.50, aggravated sexual abuse in the first degree as defined in 48 section 130.70, [course of sexual conduct against a child in the first49degree as defined in section 130.75,] assault in the first degree as 50 defined in section 120.10, kidnapping in the second degree as defined in 51 section 135.20, burglary in the first degree as defined in section 52 140.30, arson in the second degree as defined in section 150.15, robbery 53 in the first degree as defined in section 160.15, sex trafficking as 54 defined in paragraphs (a) and (b) of subdivision five of section 230.34, 55 sex trafficking of a child as defined in section 230.34-a, incest in the 56 first degree as defined in section 255.27, criminal possession of aA. 3512 5 1 weapon in the first degree as defined in section 265.04, criminal use of 2 a firearm in the first degree as defined in section 265.09, criminal 3 sale of a firearm in the first degree as defined in section 265.13, 4 aggravated assault upon a police officer or a peace officer as defined 5 in section 120.11, gang assault in the first degree as defined in 6 section 120.07, intimidating a victim or witness in the first degree as 7 defined in section 215.17, hindering prosecution of terrorism in the 8 first degree as defined in section 490.35, criminal possession of a 9 chemical weapon or biological weapon in the second degree as defined in 10 section 490.40, and criminal use of a chemical weapon or biological 11 weapon in the third degree as defined in section 490.47. 12 § 14. Subdivision 3 of section 70.80 of the penal law, as added by 13 chapter 7 of the laws of 2007, is amended to read as follows: 14 3. Except as provided by subdivision four, five, six, seven or eight 15 of this section, or when a defendant is being sentenced for a conviction 16 of the class A-II felonies of predatory sexual assault [and], predatory 17 sexual assault against a child, or course of sexual conduct against a 18 child in the first degree as defined in sections 130.95 [and], 130.96 19 and 130.75 of this chapter, or for any class A-I sexually motivated 20 felony for which a life sentence or a life without parole sentence must 21 be imposed, a sentence imposed upon a defendant convicted of a felony 22 sex offense shall be a determinate sentence. The determinate sentence 23 shall be imposed by the court in whole or half years, and shall include 24 as a part thereof a period of post-release supervision in accordance 25 with subdivision two-a of section 70.45 of this article. Persons eligi- 26 ble for sentencing under section 70.07 of this article governing second 27 child sexual assault felonies shall be sentenced under such section and 28 paragraph (j) of subdivision two-a of section 70.45 of this article. 29 § 15. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 30 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 31 and paragraph (c) as amended by chapter 23 of the laws of 2024, are 32 amended to read as follows: 33 (b) Class C violent felony offenses: an attempt to commit any of the 34 class B felonies set forth in paragraph (a) of this subdivision; aggra- 35 vated criminally negligent homicide as defined in section 125.11, aggra- 36 vated manslaughter in the second degree as defined in section 125.21, 37 aggravated sexual abuse in the second degree as defined in section 38 130.67, assault on a peace officer, police officer, firefighter or emer- 39 gency medical services professional as defined in section 120.08, 40 assault on a judge as defined in section 120.09, gang assault in the 41 second degree as defined in section 120.06, strangulation in the first 42 degree as defined in section 121.13, aggravated strangulation as defined 43 in section 121.13-a, course of sexual conduct against a child in the 44 second degree as defined in section 130.80, burglary in the second 45 degree as defined in section 140.25, robbery in the second degree as 46 defined in section 160.10, criminal possession of a weapon in the second 47 degree as defined in section 265.03, criminal use of a firearm in the 48 second degree as defined in section 265.08, criminal sale of a firearm 49 in the second degree as defined in section 265.12, criminal sale of a 50 firearm with the aid of a minor as defined in section 265.14, aggravated 51 criminal possession of a weapon as defined in section 265.19, soliciting 52 or providing support for an act of terrorism in the first degree as 53 defined in section 490.15, hindering prosecution of terrorism in the 54 second degree as defined in section 490.30, and criminal possession of a 55 chemical weapon or biological weapon in the third degree as defined in 56 section 490.37.A. 3512 6 1 (c) Class D violent felony offenses: an attempt to commit any of the 2 class C felonies set forth in paragraph (b); reckless assault of a child 3 as defined in section 120.02, assault in the second degree as defined in 4 section 120.05, menacing a police officer or peace officer as defined in 5 section 120.18, stalking in the first degree, as defined in subdivision 6 one of section 120.60, strangulation in the second degree as defined in 7 section 121.12, rape in the second degree as defined in section 130.30, 8 a crime formerly defined in section 130.45, sexual abuse in the first 9 degree as defined in section 130.65, [course of sexual conduct against a10child in the second degree as defined in section 130.80,] aggravated 11 sexual abuse in the third degree as defined in section 130.66, facili- 12 tating a sex offense with a controlled substance as defined in section 13 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi- 14 vision three of section 135.35, criminal possession of a weapon in the 15 third degree as defined in subdivision five, six, seven, eight, nine or 16 ten of section 265.02, criminal sale of a firearm in the third degree as 17 defined in section 265.11, intimidating a victim or witness in the 18 second degree as defined in section 215.16, soliciting or providing 19 support for an act of terrorism in the second degree as defined in 20 section 490.10, and making a terroristic threat as defined in section 21 490.20, falsely reporting an incident in the first degree as defined in 22 section 240.60, placing a false bomb or hazardous substance in the first 23 degree as defined in section 240.62, placing a false bomb or hazardous 24 substance in a sports stadium or arena, mass transportation facility or 25 enclosed shopping mall as defined in section 240.63, aggravated unper- 26 mitted use of indoor pyrotechnics in the first degree as defined in 27 section 405.18, and criminal manufacture, sale, or transport of an unde- 28 tectable firearm, rifle or shotgun as defined in section 265.50. 29 § 16. Section 130.75 of the penal law, as amended by chapter 1 of the 30 laws of 2000, paragraphs (a) and (b) of subdivision 1 as amended by 31 chapter 777 of the laws of 2023, is amended to read as follows: 32 § 130.75 Course of sexual conduct against a child or children in the 33 first degree. 34 1. A person is guilty of course of sexual conduct against a child or 35 children in the first degree when[, over a period of time not less than36three months in duration]: 37 (a) [he or she] such person engages in two or more acts of sexual 38 conduct, which includes at least one act of vaginal sexual contact, oral 39 sexual contact, anal sexual contact or aggravated sexual contact, with a 40 child less than eleven years old; or 41 (b) [he or she] such person, being eighteen years old or more, engages 42 in two or more acts of sexual conduct, which include at least one act of 43 vaginal sexual contact, oral sexual contact, anal sexual contact or 44 aggravated sexual contact, with a child less than thirteen years old[.]; 45 or 46 (c) such person engages in the acts defined in paragraph (a) or (b) of 47 this subdivision with two or more children. 48 2. A person may not be subsequently prosecuted for any other sexual 49 offense involving the same victim unless the other charged offense 50 occurred outside the time period charged under this section. 51 Course of sexual conduct against a child or children in the first 52 degree is a class [B] A-II felony. 53 § 17. Section 130.80 of the penal law, as amended by chapter 1 of the 54 laws of 2000, is amended to read as follows: 55 § 130.80 Course of sexual conduct against a child or children in the 56 second degree.A. 3512 7 1 1. A person is guilty of course of sexual conduct against a child or 2 children in the second degree when[, over a period of time not less than3three months in duration]: 4 (a) [he or she] such person engages in two or more acts of sexual 5 conduct with a child less than eleven years old; or 6 (b) [he or she] such person, being eighteen years old or more, engages 7 in two or more acts of sexual conduct with a child less than thirteen 8 years old; or 9 (c) such person engages in the acts defined in paragraph (a) or (b) of 10 this subdivision with two or more children. 11 2. A person may not be subsequently prosecuted for any other sexual 12 offense involving the same victim unless the other charged offense 13 occurred outside the time period charged under this section. 14 Course of sexual conduct against a child or children in the second 15 degree is a class [D] C felony. 16 § 18. Section 130.53 of the penal law, as amended by chapter 192 of 17 the laws of 2014, is amended to read as follows: 18 § 130.53 Persistent sexual abuse. 19 A person is guilty of persistent sexual abuse when [he or she] such 20 person commits the crime of forcible touching, as defined in section 21 130.52 of this article, sexual abuse in the third degree, as defined in 22 section 130.55 of this article, or sexual abuse in the second degree, as 23 defined in section 130.60 of this article, or sexual misconduct, as 24 defined in section 130.20 of this article, and, within the previous ten 25 year period, excluding any time during which such person was incarcerat- 26 ed for any reason, has been convicted two or more times, in separate 27 criminal transactions for which sentence was imposed on separate occa- 28 sions, of forcible touching, as defined in section 130.52 of this arti- 29 cle, sexual abuse in the third degree as defined in section 130.55 of 30 this article, sexual abuse in the second degree, as defined in section 31 130.60 of this article, or any offense defined in this article, of which 32 the commission or attempted commission thereof is a felony. 33 Persistent sexual abuse is a class E felony. 34 § 19. Section 10.00 of the penal law is amended by adding a new subdi- 35 vision 23 to read as follows: 36 23. For the purposes of section 125.25 of this chapter, the term 37 "depraved indifference to human life" means where the defendant, 38 although not intending to cause death, recklessly engages in a course of 39 fatal conduct which creates a grave risk of death to another person and 40 indicates indifference for the value of human life. Recklessness shall 41 be assessed objectively by the circumstances or factual setting in which 42 the crime occurred. 43 § 20. This act shall take effect on the first of November next 44 succeeding the date on which it shall have become a law, provided that: 45 1. section six of this act shall apply to offenses committed on and 46 after such date as well as to offenses committed prior thereto, provided 47 that such section six of this act shall not apply to offenses committed 48 prior to such date on which the prosecution thereof was barred under the 49 provisions of section 30.10 of the criminal procedure law in effect 50 immediately prior to such date; and 51 2. sections seven and eight of this act shall apply to acts committed 52 on and after such date as well as to acts committed prior thereto, 53 provided that section seven of this act shall not apply to acts commit- 54 ted prior to such date where the commencement of an action thereon was 55 barred under the provisions of article 2 of the civil practice law and 56 rules in effect immediately prior to such date.
