N.Y. Penal Law § 120.02: Reckless assault of a child

§ 120.02 Reckless assault of a child.

1. A person is guilty of reckless assault of a child when, being

eighteen years of age or more, such person recklessly causes serious

physical injury to the brain of a child less than five years old by

shaking the child, or by slamming or throwing the child so as to impact

the child's head on a hard surface or object.

2. For purposes of subdivision one of this section, the following

shall constitute "serious physical injury":

a. "serious physical injury" as defined in subdivision ten of section

10.00 of this chapter; or

b. extreme rotational cranial acceleration and deceleration and one or

more of the following: (i) subdural hemorrhaging; (ii) intracranial

hemorrhaging; or (iii) retinal hemorrhaging.

Reckless assault of a child is a class D felony.