S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4294
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 19, 2013
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed 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  S 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  S 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  S 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.
   23    AGGRAVATED ASSAULT ON A CHILD IS A CLASS A-II FELONY.
   24    S  2.  Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the
   25  penal law, paragraph (a) as amended by chapter 320 of the laws  of  2006
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00228-02-3
       S. 4294                             2
    1  and  paragraph  (b)  as  amended  by  chapter 1 of the laws of 2013, are
    2  amended to read as follows:
    3    (a)  Class  B  violent felony offenses: an attempt to commit the class
    4  A-I felonies of murder in  the  second  degree  as  defined  in  section
    5  125.25, kidnapping in the first degree as defined in section 135.25, and
    6  arson  in the first degree as defined in section 150.20; manslaughter in
    7  the first degree as defined in section 125.20,  aggravated  manslaughter
    8  in  the  first  degree  as  defined in section 125.22, rape in the first
    9  degree as defined in section 130.35, criminal sexual act  in  the  first
   10  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   11  first degree as defined in section  130.70,  course  of  sexual  conduct
   12  against  a  child  in  the  first  degree  as defined in section 130.75;
   13  assault in the first degree as defined in section 120.10, kidnapping  in
   14  the  second  degree  as defined in section 135.20, burglary in the first
   15  degree as defined in section 140.30,  arson  in  the  second  degree  as
   16  defined  in  section  150.15,  robbery in the first degree as defined in
   17  section 160.15, incest in the first degree as defined in section 255.27,
   18  criminal possession of a weapon  in  the  first  degree  as  defined  in
   19  section 265.04, criminal use of a firearm in the first degree as defined
   20  in  section  265.09,  criminal  sale of a firearm in the first degree as
   21  defined in section 265.13, aggravated assault upon a police officer or a
   22  peace officer as defined in section 120.11, gang assault  in  the  first
   23  degree  as  defined  in  section 120.07, ASSAULTING A CHILD IN THE FIRST
   24  DEGREE AS DEFINED IN SECTION 120.26, intimidating a victim or witness in
   25  the first degree as defined in section 215.17, hindering prosecution  of
   26  terrorism  in  the  first  degree as defined in section 490.35, criminal
   27  possession of a chemical weapon  or  biological  weapon  in  the  second
   28  degree  as  defined  in  section  490.40, and criminal use of a chemical
   29  weapon or biological weapon in the third degree as  defined  in  section
   30  490.47.
   31    (b)  Class  C violent felony offenses: an attempt to commit any of the
   32  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   33  vated criminally negligent homicide as defined in section 125.11, aggra-
   34  vated  manslaughter  in  the second degree as defined in section 125.21,
   35  aggravated sexual abuse in the  second  degree  as  defined  in  section
   36  130.67, assault on a peace officer, police officer, fireman or emergency
   37  medical services professional as defined in section 120.08, assault on a
   38  judge as defined in section 120.09, gang assault in the second degree as
   39  defined  in  section  120.06, ASSAULTING A CHILD IN THE SECOND DEGREE AS
   40  DEFINED IN SECTION 120.27, strangulation in the first degree as  defined
   41  in  section  121.13, burglary in the second degree as defined in section
   42  140.25, robbery in the second degree as defined in section 160.10, crim-
   43  inal possession of a weapon in the second degree as defined  in  section
   44  265.03,  criminal  use  of  a firearm in the second degree as defined in
   45  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
   46  defined  in section 265.12, criminal sale of a firearm with the aid of a
   47  minor as defined in section 265.14, aggravated criminal possession of  a
   48  weapon as defined in section 265.19, soliciting or providing support for
   49  an  act  of  terrorism in the first degree as defined in section 490.15,
   50  hindering prosecution of terrorism in the second degree  as  defined  in
   51  section  490.30, and criminal possession of a chemical weapon or biolog-
   52  ical weapon in the third degree as defined in section 490.37.
   53    S 3. Subdivisions 8 and 9 of section  120.05  of  the  penal  law  are
   54  REPEALED.
   55    S 4. This act shall take effect on the first of November next succeed-
   56  ing the date on which it shall have become a law.