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.