S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          968
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 the  crime  of  aggravated
         endangering the welfare of a child
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new section 260.12  to
    2  read as follows:
    3  S 260.12 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD.
    4    A  PERSON  IS  GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD
    5  WHEN:
    6    1. HE OR SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE
    7  PHYSICAL,  MENTAL  OR  MORAL  WELFARE  OF A MALE CHILD LESS THAN SIXTEEN
    8  YEARS OLD OR A FEMALE CHILD LESS THAN SEVENTEEN YEARS OLD OR DIRECTS  OR
    9  AUTHORIZES SUCH CHILD TO ENGAGE IN AN OCCUPATION INVOLVING A SUBSTANTIAL
   10  RISK  OF DANGER TO HIS OR HER LIFE OR HEALTH AND SUCH CONDUCT RESULTS IN
   11  SERIOUS PHYSICAL INJURY TO SUCH CHILD; OR
   12    2. BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED  WITH  THE
   13  CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD, HE OR SHE FAILS
   14  OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN THE CONTROL OF SUCH CHILD
   15  TO  PREVENT  HIM  OR  HER  FROM BECOMING AN "ABUSED CHILD," A "NEGLECTED
   16  CHILD," A "JUVENILE DELINQUENT" OR A "PERSON IN NEED OF SUPERVISION," AS
   17  THOSE TERMS ARE DEFINED IN ARTICLES TEN, THREE AND SEVEN OF  THE  FAMILY
   18  COURT  ACT  AND  SUCH CONDUCT RESULTS IN SERIOUS PHYSICAL INJURY TO SUCH
   19  CHILD.
   20    AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS C FELONY.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06666-01-9