N.Y. Penal Law § 260.05: Non-support of a child in the second degree

§ 260.05 Non-support of a child in the second degree.

A person is guilty of non-support of a child when:

1. being a parent, guardian or other person legally charged with the

care or custody of a child less than sixteen years old, he or she fails

or refuses without lawful excuse to provide support for such child when

he or she is able to do so, or becomes unable to do so, when, though

employable, he or she voluntarily terminates his or her employment,

voluntarily reduces his or her earning capacity, or fails to diligently

seek employment; or

2. being a parent, guardian or other person obligated to make child

support payments by an order of child support entered by a court of

competent jurisdiction for a child less than eighteen years old, he or

she knowingly fails or refuses without lawful excuse to provide support

for such child when he or she is able to do so, or becomes unable to do

so, when, though employable, he or she voluntarily terminates his or her

employment, voluntarily reduces his or her earning capacity, or fails to

diligently seek employment.

Non-support of a child in the second degree is a class A misdemeanor.