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                                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.
         260.31  Vulnerable elderly persons; definitions.
         260.31*2 Misrepresentation by a child day care provider.
         260.32  Endangering the welfare of a vulnerable elderly person
                 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.
  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.

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:
  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.

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.  (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.

S 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.

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 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.

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.
  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.

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 260.31 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

* S 260.31 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

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.

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