New York's proposal would make criminally negligent conduct likely to cause serious harm to a child under 17 a felony, with a higher felony when it causes death.
A caregiver would face a class C felony for criminally negligent conduct likely to cause listed serious harms to a child under 17. Examples include failing to provide basic care when able or exposing the child to unreasonable harm.
If a caregiver commits the described endangerment offense and causes a child under 17 to die, the caregiver would face a class A-I felony.
A caregiver would commit a class C felony by acting or failing to act with criminal negligence in a way likely to cause a listed harm to a child. It would apply to a parent or another person responsible for the care of a child under 17. Listed harms include protracted illness, physical injury, serious physical injury, death, or lasting developmental, psychological, or emotional impairment. Examples include failing to provide basic needs or medical care when able to do so or offered reasonable help, and unreasonably allowing harm or risk through poor supervision, excessive punishment, or misuse of drugs or alcohol. A caregiver could still be charged with an offense requiring proof of recklessness or depraved indifference when appropriate. If enacted, the bill would take effect immediately.
A caregiver would commit a class A-I felony if the conduct covered by the proposed endangerment offense causes the child's death. It would apply when a parent or another person responsible for a child under 17 commits the described endangerment offense and causes the child's death. A caregiver could still be charged with an offense requiring proof of recklessness or depraved indifference when appropriate. If enacted, the bill would take effect immediately.
No hearings or votes scheduled.