NY Penal Law

ARTICLE 260
OFFENSES RELATING TO CHILDREN, 
DISABLED PERSONS AND
 VULNERABLE ELDERLY PERSONS
Section  260.00  Abandonment of a child.
         260.03  Abandonment of a child; defense.
         260.05  Non-support of a child in the second degree.
         260.06  Non-support of a child in the first degree.
         260.10  Endangering the welfare of a child.
         260.11  Endangering the welfare of a child; corroboration.
         260.15  Endangering the welfare of a child; defense.
         260.20  Unlawfully dealing with a child in the first degree.
         260.21  Unlawfully dealing with a child in the second degree.
         260.25  Endangering the welfare of an incompetent or physically
                   disabled person.
        *260.30  Vulnerable elderly persons; definitions.
        *260.30* Misrepresentation by a child day care provider.
                   * NB There are 2 S 260.30`s
         260.32  Endangering the welfare of a vulnerable elderly person
                   in the second degree.
         260.34  Endangering the welfare of a vulnerable elderly person
                   in the first degree.

S 260.00 Abandonment of a child.
  A person is guilty of abandonment of a child when, being a parent,
guardian or other person legally charged with the care or custody of a
child less than fourteen years old, he deserts such child in any place
with intent to wholly abandon it.
  Abandonment of a child is a class E felony.

S 260.03 Abandonment of a child; defense.
  In any prosecution for abandonment of a child, pursuant to section
260.00 of this article, based upon an alleged desertion of a child not
more than five days old with an intent to wholly abandon such child, it
is an affirmative defense that, with the intent that the child be safe
from physical injury and cared for in an appropriate manner, the
defendant left the child with an appropriate person or in a suitable
location and promptly notified an appropriate person of the child`s
location.

S 260.05 Non-support of a child in the second degree.
  A person is guilty of non-support of a child when, being a parent,
guardian or other person legally charged with the care or custody of a
child less than sixteen years old, he fails or refuses without lawful
excuse to provide support for such child when he is able to do so, or
becomes unable to do so, when, though employable, he voluntarily
terminates his employment, voluntarily reduces his earning capacity or
fails to diligently seek employment.
  Non-support of a child in the second degree is a class A misdemeanor.

S 260.06 Non-support of a child in the first degree.
  A person is guilty of non-support of a child in the first degree when:
  1. being a parent, guardian or other person legally charged with the
care or custody of a child less than sixteen years old, he or she fails
or refuses without lawful excuse to provide support for such child when
he or she is able to do so; and
  2.  he or she has previously been convicted in the preceding five
years of the crime defined in section 260.05 of this article.
  Non-support of a child in the first degree is a class E felony.

S 260.10 Endangering the welfare of a child.
  A person is guilty of endangering the welfare of a child when:
  1. He 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 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 fails or
refuses to exercise reasonable diligence in the control of such child to
prevent him 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.
  Endangering the welfare of a child is a class A misdemeanor.

S 260.11 Endangering the welfare of a child; corroboration.
  A person shall not be convicted of endangering the welfare of a child,
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, 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.

S 260.15 Endangering the welfare of a child; defense.
  In any prosecution for endangering the welfare of a child, pursuant to
section 260.10:
  1. 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; or
  2. based upon an alleged desertion of a child not more than five days
old, it is an affirmative defense that, with the intent that the child
be safe from physical injury and cared for in an appropriate manner, the
defendant left the child with an appropriate person or in a suitable
location and promptly notified an appropriate person of the child`s
location.

S 260.20 Unlawfully dealing with a child in the first degree.
  A person is guilty of unlawfully dealing with a child in the first
degree when:
  1. He knowingly permits a child less than eighteen years old to enter
or remain in or upon a place, premises or establishment where sexual
activity as defined by article one hundred thirty, two hundred thirty or
two hundred sixty-three of this chapter or activity involving controlled
substances as defined by article two hundred twenty of this chapter or
involving marihuana as defined by article two hundred twenty-one of this
chapter is maintained or conducted, and he knows or has reason to know
that such activity is being maintained or conducted; or
  2. He gives or sells or causes to be given or sold any alcoholic
beverage, as defined by section three of the alcoholic beverage control
law, to a person less than twenty-one years old; except that this
subdivision does not apply to the parent or guardian of such a person or
to a person who gives or causes to be given any such alcoholic beverage
to a person under the age of twenty-one years, who is a student in a
curriculum licensed or registered by the state education department,
where the tasting or imbibing of alcoholic beverages is required in
courses that are part of the required curriculum, provided such
alcoholic beverages are given only for instructional purposes during
classes conducted pursuant to such curriculum.
  It is no defense to a prosecution pursuant to subdivision two of this
section that the child acted as the agent or representative of another
person or that the defendant dealt with the child as such.
  Unlawfully dealing with a child in the first degree is a class A
misdemeanor.

S 260.21 Unlawfully dealing with a child in the second degree.
  A person is guilty of unlawfully dealing with a child in the second
degree when:
  1. Being an owner, lessee, manager or employee of a place where
alcoholic beverages are sold or given away, he permits a child less than
sixteen years old to enter or remain in such place unless:
  (a) The child is accompanied by his parent, guardian or an adult
authorized by a parent or guardian; or
  (b) The entertainment or activity is being conducted for the benefit
or under the auspices of a non-profit school, church or other
educational or religious institution; or
  (c) Otherwise permitted by law to do so; or
  (d) The establishment is closed to the public for a specified period
of time to conduct an activity or entertainment, during which the child
is in or remains in such establishment, and no alcoholic beverages are
sold, served, given away or consumed at such establishment during such
period. The state liquor authority shall be notified in writing by the
licensee of such establishment, of the intended closing of such
establishment, to conduct any such activity or entertainment, not less
than ten days prior to any such closing; or
  2. He marks the body of a child less than eighteen years old with
indelible ink or pigments by means of tattooing; or
  3. He sells or causes to be sold tobacco in any form to a child less
than eighteen years old.
  It is no defense to a prosecution pursuant to subdivision three of
this section that the child acted as the agent or representative of
another person or that the defendant dealt with the child as such.
  Unlawfully dealing with a child in the second degree is a class B
misdemeanor.

S 260.25  Endangering the welfare of an incompetent or physically
             disabled person.
  A person is guilty of endangering the welfare of an incompetent or
physically disabled person when he knowingly acts in a manner likely to
be injurious to the physical, mental or moral welfare of a person who is
unable to care for himself or herself because of physical disability,
mental disease or defect.
  Endangering the welfare of an incompetent or physically disabled
person is a class A misdemeanor.

* S 260.30 Vulnerable elderly persons; definitions.
  For the purpose of sections 260.32 and 260.34 of this article, the
following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility for the
care of a vulnerable elderly person pursuant to a court order; or (ii)
receives monetary or other valuable consideration for providing care for
a vulnerable elderly person.
  2. "Sexual contact" means any touching of the sexual or other intimate
parts of a person not married to the actor for the purpose of gratifying
sexual desire of either party. It includes the touching of the actor by
the victim, as well as the touching of the victim by the actor, whether
directly or through clothing.
  3. "Vulnerable elderly person" means a person sixty years of age or
older who is suffering from a disease or infirmity associated with
advanced age and manifested by demonstrable physical, mental or
emotional dysfunction to the extent that the person is incapable of
adequately providing for his or her own health or personal care.
  * NB There are 2 S 260.30`s

* S 260.30* Misrepresentation by a child day care provider.
  A person is guilty of misrepresentation by a child day care provider
when, being a child day care provider or holding himself or herself out
as such, he or she makes any willful and intentional misrepresentation,
by act or omission, to a parent or guardian of a child in the care of
such provider (or a child whose prospective placement in such care is
being considered by such parent or guardian) to any state or local
official having jurisdiction over child day care providers, or to any
police officer or peace officer as to the facts pertaining to such child
day care provider, including, but not limited to: (i) the number of
children in the facility or home where such number is in violation of
the provisions of section three hundred ninety of the social services
law, (ii) the area of the facility, home, or center used for child day
care, or (iii) the credentials or qualifications of any child day care
provider, assistant, employee, or volunteer. A misrepresentation subject
to the provisions of this section must substantially place at risk the
health or safety of a child in the care of a child day care provider.
  Misrepresentation by a child day care provider is a class A
misdemeanor.
  * NB There are 2 S 260.30`s

S 260.32 Endangering the welfare of a vulnerable elderly person in the
             second degree.
  A person is guilty of endangering the welfare of a vulnerable elderly
person in the second degree when, being a caregiver for a vulnerable
elderly person:
  1. With intent to cause physical injury to such person, he or she
causes such injury to such person; or
  2. He or she recklessly causes physical injury to such person; or
  3. With criminal negligence, he or she causes physical injury to such
person by means of a deadly weapon or a dangerous instrument; or
  4. He or she subjects such person to sexual contact without the
latter`s consent. Lack of consent under this subdivision results from
forcible compulsion or incapacity to consent, as those terms are defined
in article one hundred thirty of this chapter, or any other
circumstances in which the vulnerable elderly person does not expressly
or impliedly acquiesce in the caregiver`s conduct. In any prosecution
under this subdivision in which the victim`s alleged lack of consent
results solely from incapacity to consent because of the victim`s mental
disability or mental incapacity, the provisions of section 130.16 of
this chapter shall apply. In addition, in any prosecution under this
subdivision in which the victim`s lack of consent is based solely upon
his or her incapacity to consent because he or she was mentally
disabled, mentally incapacitated or physically helpless, it is an
affirmative defense that the defendant, at the time he or she engaged in
the conduct constituting the offense, did not know of the facts or
conditions responsible for such incapacity to consent.
  Endangering the welfare of a vulnerable elderly person in the second
degree is a class E felony.

S 260.34 Endangering the welfare of a vulnerable elderly person in the
           first degree.
  A person is guilty of endangering the welfare of a vulnerable elderly
person in the first degree when, being a caregiver for a vulnerable
elderly person:
  1. With intent to cause physical injury to such person, he or she
causes serious physical injury to such person; or
  2. He or she recklessly causes serious physical injury to such person.
  Endangering the welfare of a vulnerable elderly person in the first
degree is a class D felony.
	
	
	
ARTICLE 263
SEXUAL PERFORMANCE BY A CHILD
Section 263.00 Definitions.
        263.05 Use of a child in a sexual performance.
        263.10 Promoting an obscene sexual performance by a child.
        263.11 Possessing an obscene sexual performance by a child.
        263.15 Promoting a sexual performance by a child.
        263.16 Possessing a sexual performance by a child.
        263.20 Sexual performance by a child; affirmative defenses.
        263.25 Proof of age of child.

S 263.00 Definitions.
  As used in this article the following definitions shall apply:
  1. "Sexual performance" means any performance or part thereof which,
for purposes of section 263.16 of this article, includes sexual conduct
by a child less than sixteen years of age or, for purposes of section
263.05 or 263.15 of this article, includes sexual conduct by a child
less than seventeen years of age.
  2. "Obscene sexual performance" means any performance which, for
purposes of section 263.11 of this article, includes sexual conduct by a
child less than sixteen years of age or, for purposes of section 263.10
of this article, includes sexual conduct by a child less than seventeen
years of age, in any material which is obscene, as such term is defined
in section 235.00 of this chapter.
  3. "Sexual conduct" means actual or simulated sexual intercourse, oral
sexual conduct, anal sexual conduct, sexual bestiality, masturbation,
sado-masochistic abuse, or lewd exhibition of the genitals.
  4. "Performance" means any play, motion picture, photograph or dance.
Performance also means any other visual representation exhibited before
an audience.
  5. "Promote" means to procure, manufacture, issue, sell, give,
provide, lend, mail, deliver, transfer, transmute, publish, distribute,
circulate, disseminate, present, exhibit or advertise, or to offer or
agree to do the same.
  6. "Simulated" means the explicit depiction of any of the conduct set
forth in subdivision three of this section which creates the appearance
of such conduct and which exhibits any uncovered portion of the breasts,
genitals or buttocks.
  7. "Oral sexual conduct" and "anal sexual conduct" mean the conduct
defined by subdivision two of section 130.00 of this chapter.
  8. "Sado-masochistic abuse" means the conduct defined in subdivision
five of section 235.20 of this chapter.

S 263.05 Use of a child in a sexual performance.
  A person is guilty of the use of a child in a sexual performance if
knowing the character and content thereof he employs, authorizes or
induces a child less than seventeen years of age to engage in a sexual
performance or being a parent, legal guardian or custodian of such
child, he consents to the participation by such child in a sexual
performance.
  Use of a child in a sexual performance is a class C felony.

S 263.10 Promoting an obscene sexual performance by a child.
  A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, he produces,
directs or promotes any obscene performance which includes sexual
conduct by a child less than seventeen years of age.
  Promoting an obscene sexual performance by a child is a class D
felony.

S 263.11 Possessing an obscene sexual performance by a child.
  A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, he knowingly has
in his possession or control any obscene performance which includes
sexual conduct by a child less than sixteen years of age.  Possessing an
obscene sexual performance by a child is a class E felony.

S 263.15 Promoting a sexual performance by a child.
  A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, he produces, directs or
promotes any performance which includes sexual conduct by a child less
than seventeen years of age.
  Promoting a sexual performance by a child is a class D felony.

S 263.16 Possessing a sexual performance by a child.
  A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, he knowingly has in his
possession or control any performance which includes sexual conduct by a
child less than sixteen years of age.
  Possessing a sexual performance by a child is a class E felony.

S 263.20 Sexual performance by a child; affirmative defenses.
  1. Under this article, it shall be an affirmative defense that the
defendant in good faith reasonably believed the person appearing in the
performance was, for purposes of section 263.11 or 263.16 of this
article, sixteen years of age or over or, for purposes of section
263.05, 263.10 or 263.15 of this article, seventeen years of age or
over.
  2. In any prosecution for any offense pursuant to this article, it is
an affirmative defense that the person so charged was a librarian
engaged in the normal course of his employment, a motion picture
projectionist, stage employee or spotlight operator, cashier, doorman,
usher, candy stand attendant, porter or in any other non-managerial or
non-supervisory capacity in a motion picture theatre; provided he has no
financial interest, other than his employment, which employment does not
encompass compensation based upon any proportion of the gross receipts,
in the promotion of a sexual performance for sale, rental or exhibition
or in the promotion, presentation or direction of any sexual
performance, or is in any way responsible for acquiring such material
for sale, rental or exhibition.

S 263.25 Proof of age of child.
  Whenever it becomes necessary for the purposes of this article to
determine whether a child who participated in a sexual performance was
under an age specified in this article, the court or jury may make such
determination by any of the following: personal inspection of the child;
inspection of a photograph or motion picture which constituted the
sexual performance; oral testimony by a witness to the sexual
performance as to the age of the child based upon the child`s
appearance; expert medical testimony based upon the appearance of the
child in the sexual performance; and any other method authorized by any
applicable provision of law or by the rules of evidence at common law.