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Nassau County Endangering The Welfare of a Child Lawyer

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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 260.24 Endangering the welfare of an incompetent or physically disabled person in the second degree.

               disabled person in the second degree.
  A person is guilty of endangering the welfare  of  an  incompetent  or
physically  disabled  person  in  the  second  degree  when  he  or  she
recklessly engages in conduct which is 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 in the second degree is a class A misdemeanor.

S 260.25 Endangering the welfare of an incompetent or physically disabled person in the first degree.

  A person is guilty of endangering the welfare  of  an  incompetent  or
physically disabled person in the first degree 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 in the first degree is a class E Felony.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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| Phone: 516-766-1878

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