Bill Text: NY S06541 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates the crimes of child abuse, vulnerable elderly person or incompetent or physically disabled person abuse, and torture.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S06541 Detail]

Download: New_York-2023-S06541-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6541

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 26, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  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  creating  the  crimes  of
          child  abuse,  vulnerable  elderly person or incompetent or physically
          disabled person abuse, and torture

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as "Noah's Law".
     2    §  2.  The  penal law is amended by adding two new sections 260.16 and
     3  260.17 to read as follows:
     4  § 260.16 Child abuse in the second degree.
     5    A person is guilty of child abuse in the second degree when:
     6    1. Through omission, neglect, or a reckless act,  they  cause  serious
     7  physical and/or mental harm to a child;
     8    2.  They  knowingly  or intentionally commit an act which is likely to
     9  cause physical and/or mental harm to a child, regardless of if such harm
    10  occurs; or
    11    3. They knowingly or intentionally commit an act which is cruel  to  a
    12  child, regardless of if any harm occurs.
    13    Child abuse in the second degree is a class B felony.
    14  § 260.17 Child abuse in the first degree.
    15    A  person is guilty of child abuse in the first degree when they know-
    16  ingly or intentionally cause serious physical and/or mental  harm  to  a
    17  child.
    18    Child abuse in the first degree is a class A felony.
    19    §  3.  The  penal law is amended by adding two new sections 260.36 and
    20  260.37 to read as follows:
    21  § 260.36 Vulnerable elderly person or incompetent or physically disabled
    22             person abuse in the second degree.
    23    A person is guilty of vulnerable  elderly  person  or  incompetent  or
    24  physically disabled person abuse in the second degree when:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09928-01-3
        S. 6541                             2

     1    1.  Through  omission,  neglect, or a reckless act, they cause serious
     2  physical and/or mental harm to a vulnerable elderly person  or  incompe-
     3  tent or physically disabled person;
     4    2.  They  knowingly  or intentionally commit an act which is likely to
     5  cause physical and/or mental harm to  a  vulnerable  elderly  person  or
     6  incompetent  or  physically  disabled person, regardless of if such harm
     7  occurs; or
     8    3. They knowingly or intentionally commit an act which is cruel  to  a
     9  vulnerable  elderly person or incompetent or physically disabled person,
    10  regardless of if any harm occurs.
    11    Vulnerable elderly person or incompetent or physically disabled person
    12  abuse in the second degree is a class B felony.
    13  § 260.37 Vulnerable elderly person or incompetent or physically disabled
    14             person abuse in the first degree.
    15    A person is guilty of vulnerable  elderly  person  or  incompetent  or
    16  physically disabled person abuse in the first degree when they knowingly
    17  or  intentionally cause serious physical and/or mental harm to a vulner-
    18  able elderly person or incompetent or physically disabled person.
    19    Vulnerable elderly person or incompetent or physically disabled person
    20  abuse in the first degree is a class A felony.
    21    § 4. The penal law is amended by adding a new section 260.40  to  read
    22  as follows:
    23  § 260.40 Torture.
    24    A  person is guilty of torture when they knowingly and cruelly inflict
    25  serious physical injury and/or severe  mental  pain  or  suffering  upon
    26  another  person  within  their custody or physical control. Torture does
    27  not require any proof that the victim suffered pain.
    28    Torture is a class A felony.
    29    § 5. This act shall take effect on the thirtieth day  after  it  shall
    30  have become a law.