An Amendment to the Abandoned Infant Protection Act of 2000
LAWS OF NEW YORK, 2010
CHAPTER 447

AN ACT to amend the penal law, in relation to abandoned infants; and to
repeal section 260.03 of the penal law relating thereto

Became a law August 30, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 260.00 of the penal law is amended to read as
follows:

§ 260.00 Abandonment of a child.

1. A person is guilty of abandonment of a child when, being a parent,
guardian or other person legally charged with the care or custody of a
child less than fourteen years old, he or she deserts such child in any
place with intent to wholly abandon [it] such child.

2. A person is not guilty of the provisions of this section when he or
she engages in the conduct described in subdivision one of this section:

(a) with the intent that the child be safe from physical injury and
cared for in an appropriate manner; (b) the child is left with an appro-
priate person, or in a suitable location and the person who leaves the
child promptly notifies an appropriate person of the child's location;
and (c) the child is not more than thirty days old.

Abandonment of a child is a class E felony.

§ 2. Section 260.10 of the penal law, subdivision 1 as amended by
chapter 476 of the laws of 1990 and subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:

§ 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.

CHAP. 447 2

Endangering the welfare of a child is a class A misdemeanor.

§ 3. Section 260.15 of the penal law, as amended by chapter 156 of the
laws of 2000, is amended to read as follows:

§ 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to
section 260.10[:

1.] 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[; or

2. based upon an alleged desertion of a child not more than five days
old, it is an affirmative defense that, with the intent that the child
be safe from physical injury and cared for in an appropriate manner, the
defendant left the child with an appropriate person or in a suitable
location and promptly notified an appropriate person of the child's
location
].

§ 4. Section 260.03 of the penal law is REPEALED.

§ 5. This act shall take effect immediately.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.