In New York law, Article 260 refers to offenses relating to children and incompetents. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.
The complete law is as follows:
Article 260: Offenses affecting the marital relationship
260.00 Abandonment of a child.
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.
260.31 Vulnerable elderly persons; definitions.
260.31-2 Misrepresentation by a child day care provider.
260.32 Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree.
260.34 Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree.
NY PENAL LAW § 260.00
Abandonment of a child.
1. 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 or she deserts such child in any place with intent to wholly abandon such child.
2. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of this section:
(a) with the intent that the child be safe from physical injury and cared for in an appropriate manner;
(b) 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
(c) the child is not more than thirty days old.
Abandonment of a child is a class E felony.
NY PENAL LAW § 260.05
Non-support of a child in the second degree.
A person is guilty of non-support of a child 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, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment; or
2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment.
Non-support of a child in the second degree is a class A misdemeanor.
NY PENAL LAW § 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. (a) 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; or
(b) being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen 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 a crime defined in section 260.05 of this article or a crime defined by the provisions of this section.
Non-support of a child in the first degree is a class E felony.
NY PENAL LAW § 260.10
Endangering the welfare of a child.
A person is guilty of endangering the welfare of a child 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.
3. 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 is a class A misdemeanor.
NY PENAL LAW § 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.
NY PENAL LAW § 260.15
Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to section 260.10 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.
NY PENAL LAW § 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.
It is an affirmative defense to a prosecution pursuant to subdivision two of this section that the defendant who sold, caused to be sold or attempted to sell such alcoholic beverage to a person less than twenty-one years old, had not been, at the time of such sale or attempted sale, convicted of a violation of this section or section 260.21 of this article within the preceding five years, and such defendant, subsequent to the commencement of the present prosecution, has completed an alcohol training awareness program established pursuant to subdivision twelve of section seventeen of the alcoholic beverage control law. A defendant otherwise qualifying pursuant to this paragraph may request and shall be afforded a reasonable adjournment of the proceedings to enable him or her to complete such alcohol training awareness program.
Unlawfully dealing with a child in the first degree is a class A misdemeanor.
NY PENAL LAW § 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.
NY PENAL LAW § 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.
NY PENAL LAW § 260.31
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.
4. “Incompetent or physically disabled person” means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.
* NB There are 2 S260.31`s
NY PENAL LAW § 260.31-2
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 S260.31`s
NY PENAL LAW § 260.32
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree.
A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled 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, or an incompetent or physically disabled 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, or an incompetent or physically disabled person in the second degree is a class E felony.
NY PENAL LAW § 260.34
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled 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, or an incompetent or physically disabled person in the first degree is a class D felony.
