OFFENSES RELATED TO CHILDREN AND INCOMPETENTS
The Sanders Firm, P.C.: Offenses Related to Children and Incompetents
The Sanders Firm, P.C. notes that Article 260 New York Penal Law focuses on some of the most vulnerable people in society, children and incompetents. Under the law, an incompetent is someone who because of a mental disease or defect cannot take care of himself or herself. The law also protects “disabled persons” and “vulnerable elderly persons.” The crimes listed under Article 260 New York Penal Law include class A and B misdemeanors and class D and E felonies.
Crimes Related to Children
Abandonment of a child and non-support of a child in the first degree are both class E felonies. Abandonment of a child relates to children under the age of fourteen and it occurs when the person legally in charge of the child deserts that child. If this is done for reasons to protect the child from physical injury and the child is cared for in an appropriate manner or if the child is left with a responsible person or left in an appropriate location and a responsible person is notified of such, then abandonment has not occurred.
Unlawfully dealing with a child in the first and second degrees are class A and B misdemeanors respectively. These offenses are related to children and alcohol, tobacco, tattooing, and other such actions. Endangering the welfare of a child, which includes acting in a manner towards a child that you know may be injurious, is a class A misdemeanor.
Crimes Related to Incompetents and Others
Endangering the welfare of an incompetent or physically disabled in the second degree is described by New York Penal Law in S260.24 in the following manner, “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” The caregiver, who is responsible for the person who has been victimized, would be guilty of a class A misdemeanor under this statute. The same crime in the first degree is a class E felony.
Under Article 260.34 New York Penal Law, which is endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree, it is unlawful for a caregiver to intend to cause serious physical injury or to cause serious physical injury in a reckless manner. This is a class D felony. Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree, which is a class E felony, includes actions related to a caregiver intending to injure or causing injury to a person in their care or doing so in a reckless manner. Also, subjecting a person to sexual contact without their consent or causing injury with criminal negligence, as in using a dangerous weapon or instrument to cause the injury, is also covered in this statute.
If you have been charged under Article 260 New York Penal Law with offenses related to children and incompetents contact The Sanders Firm, P.C., prior to answering any questions posed by law enforcement. Remember that your Miranda rights protect you in many ways. If charged, you have the right to remain silent, to consult with a lawyer, and to have your lawyer present during questioning. The Sanders Firm, P.C. will be your voice for justice.