Bill Text: NY A01575 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the crimes of assault on a child in the first degree and second degree and the crime of aggravated assault on a child; makes assaulting a child in the first degree a class B felony, assaulting a child in the second degree a class C felony and aggravated assault on a child an A-II felony.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A01575 Detail]

Download: New_York-2017-A01575-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1575
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced by M. of A. HAWLEY, KOLB, McDONOUGH, GIGLIO, FINCH, PALMESANO
          --  Multi-Sponsored  by -- M. of A. BARCLAY, CROUCH, CURRAN, McKEVITT,
          THIELE -- read once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crimes of
          assaulting a child in the first and second degree  and  the  crime  of
          aggravated  assault  on a child; and to repeal subdivisions 8 and 9 of
          section 120.05 of such law relating to assault in the second degree
          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 three new sections
     2  120.26, 120.27 and 120.28 to read as follows:
     3  § 120.26 Assaulting a child in the first degree.
     4    A person is guilty of assaulting a child in the first degree when,  he
     5  or  she being eighteen years old or older and with intent to cause seri-
     6  ous physical injury to a person less than eleven years old, causes  such
     7  injury to such person.
     8    Assaulting a child in the first degree is a class B felony.
     9  § 120.27 Assaulting a child in the second degree.
    10    A person is guilty of assaulting a child in the second degree when:
    11    1.  Being  eighteen  years  old  or older and with the intent to cause
    12  physical injury to a person less than eleven years old, he or she  reck-
    13  lessly causes serious physical injury to such person; or
    14    2. Being eighteen years old or older and with intent to cause physical
    15  injury  to  a  person  less  than seven years old, he or she causes such
    16  injury to such person.
    17    Assaulting a child in the second degree is a class C felony.
    18  § 120.28 Aggravated assault on a child.
    19    A person is guilty of aggravated assault on a child  when  he  or  she
    20  commits  the  offense  of  assaulting  a  child  in  the first degree or
    21  assaulting a  child  in  the  second  degree  and  has  previously  been
    22  convicted of either such offense within the preceding five years.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02277-01-7
        A. 1575                             2
     1    Aggravated assault on a child is a class A-II felony.
     2    §  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
     3  penal law, paragraph (a) as amended by chapter 368 of the laws  of  2015
     4  and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
     5  amended to read as follows:
     6    (a) Class B violent felony offenses: an attempt to  commit  the  class
     7  A-I  felonies  of  murder  in  the  second  degree as defined in section
     8  125.25, kidnapping in the first degree as defined in section 135.25, and
     9  arson in the first degree as defined in section 150.20; manslaughter  in
    10  the  first  degree as defined in section 125.20, aggravated manslaughter
    11  in the first degree as defined in section  125.22,  rape  in  the  first
    12  degree  as  defined  in section 130.35, criminal sexual act in the first
    13  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    14  first  degree  as  defined  in  section 130.70, course of sexual conduct
    15  against a child in the  first  degree  as  defined  in  section  130.75;
    16  assault  in the first degree as defined in section 120.10, kidnapping in
    17  the second degree as defined in section 135.20, burglary  in  the  first
    18  degree  as  defined  in  section  140.30,  arson in the second degree as
    19  defined in section 150.15, robbery in the first  degree  as  defined  in
    20  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    21  subdivision five of section  230.34,  incest  in  the  first  degree  as
    22  defined  in section 255.27, criminal possession of a weapon in the first
    23  degree as defined in section 265.04, criminal use of a  firearm  in  the
    24  first degree as defined in section 265.09, criminal sale of a firearm in
    25  the first degree as defined in section 265.13, aggravated assault upon a
    26  police  officer  or  a  peace officer as defined in section 120.11, gang
    27  assault in the first degree as defined in section 120.07,  assaulting  a
    28  child  in  the first degree as defined in section 120.26, intimidating a
    29  victim or witness in the first degree  as  defined  in  section  215.17,
    30  hindering  prosecution  of  terrorism  in the first degree as defined in
    31  section 490.35, criminal possession of a chemical weapon  or  biological
    32  weapon  in  the second degree as defined in section 490.40, and criminal
    33  use of a chemical weapon or biological weapon in  the  third  degree  as
    34  defined in section 490.47.
    35    (b)  Class  C violent felony offenses: an attempt to commit any of the
    36  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    37  vated criminally negligent homicide as defined in section 125.11, aggra-
    38  vated  manslaughter  in  the second degree as defined in section 125.21,
    39  aggravated sexual abuse in the  second  degree  as  defined  in  section
    40  130.67, assault on a peace officer, police officer, fireman or emergency
    41  medical services professional as defined in section 120.08, assault on a
    42  judge as defined in section 120.09, gang assault in the second degree as
    43  defined  in  section  120.06, assaulting a child in the second degree as
    44  defined in section 120.27, strangulation in the first degree as  defined
    45  in  section  121.13, burglary in the second degree as defined in section
    46  140.25, robbery in the second degree as defined in section 160.10, crim-
    47  inal possession of a weapon in the second degree as defined  in  section
    48  265.03,  criminal  use  of  a firearm in the second degree as defined in
    49  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
    50  defined  in section 265.12, criminal sale of a firearm with the aid of a
    51  minor as defined in section 265.14, aggravated criminal possession of  a
    52  weapon as defined in section 265.19, soliciting or providing support for
    53  an  act  of  terrorism in the first degree as defined in section 490.15,
    54  hindering prosecution of terrorism in the second degree  as  defined  in
    55  section  490.30, and criminal possession of a chemical weapon or biolog-
    56  ical weapon in the third degree as defined in section 490.37.
        A. 1575                             3
     1    § 3. Subdivisions 8 and 9 of section  120.05  of  the  penal  law  are
     2  REPEALED.
     3    § 4. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.