N.Y. Penal Law § 260.31*2: Misrepresentation by a child day care provider

* § 260.31 Misrepresentation by a child day care provider.

A person is guilty of misrepresentation by a child day care provider

when, being a child day care provider or holding himself or herself out

as such, he or she makes any willful and intentional misrepresentation,

by act or omission, to a parent or guardian of a child in the care of

such provider (or a child whose prospective placement in such care is

being considered by such parent or guardian) to any state or local

official having jurisdiction over child day care providers, or to any

police officer or peace officer as to the facts pertaining to such child

day care provider, including, but not limited to: (i) the number of

children in the facility or home where such number is in violation of

the provisions of section three hundred ninety of the social services

law, (ii) the area of the facility, home, or center used for child day

care, or (iii) the credentials or qualifications of any child day care

provider, assistant, employee, or volunteer. A misrepresentation subject

to the provisions of this section must substantially place at risk the

health or safety of a child in the care of a child day care provider.

Misrepresentation by a child day care provider is a class A

misdemeanor.

* NB There are 2 § 260.31's