N.Y. Penal Law § 260.31: Vulnerable elderly persons; definitions

* § 260.31 Vulnerable elderly persons; definitions.

For the purpose of sections 260.32 and 260.34 of this article, the

following definitions shall apply:

1. "Caregiver" means a person who (i) assumes responsibility for the

care of a vulnerable elderly person, or an incompetent or physically

disabled person pursuant to a court order; or (ii) receives monetary or

other valuable consideration for providing care for a vulnerable elderly

person, or an incompetent or physically disabled person.

2. "Sexual contact" means any touching of the sexual or other intimate

parts of a person for the purpose of gratifying sexual desire of either

party. It includes the touching of the actor by the victim, as well as

the touching of the victim by the actor, whether directly or through

clothing, as well as the emission of ejaculate by the actor upon any

part of the victim, clothed or unclothed.

3. "Vulnerable elderly person" means a person sixty years of age or

older who is suffering from a disease or infirmity associated with

advanced age and manifested by demonstrable physical, mental or

emotional dysfunction to the extent that the person is incapable of

adequately providing for his or her own health or personal care.

4. "Incompetent or physically disabled person" means an individual who

is unable to care for himself or herself because of physical disability,

mental disease or defect.

* NB There are 2 § 260.31's