N.Y. Penal Law § 260.32: Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree

§ 260.32 Endangering the welfare of a vulnerable elderly person, or an

incompetent or physically disabled person in the second

degree.

A person is guilty of endangering the welfare of a vulnerable elderly

person, or an incompetent or physically disabled person in the second

degree when, being a caregiver for a vulnerable elderly person, or an

incompetent or physically disabled person:

1. With intent to cause physical injury to such person, he or she

causes such injury to such person; or

2. He or she recklessly causes physical injury to such person; or

3. With criminal negligence, he or she causes physical injury to such

person by means of a deadly weapon or a dangerous instrument; or

4. He or she subjects such person to sexual contact without the

latter's consent. Lack of consent under this subdivision results from

forcible compulsion or incapacity to consent, as those terms are defined

in article one hundred thirty of this chapter, or any other

circumstances in which the vulnerable elderly person, or an incompetent

or physically disabled person does not expressly or impliedly acquiesce

in the caregiver's conduct. In any prosecution under this subdivision in

which the victim's alleged lack of consent results solely from

incapacity to consent because of the victim's mental disability or

mental incapacity, the provisions of section 130.16 of this chapter

shall apply. In addition, in any prosecution under this subdivision in

which the victim's lack of consent is based solely upon his or her

incapacity to consent because he or she was mentally disabled, mentally

incapacitated or physically helpless, it is an affirmative defense that

the defendant, at the time he or she engaged in the conduct constituting

the offense, did not know of the facts or conditions responsible for

such incapacity to consent.

Endangering the welfare of a vulnerable elderly person, or an

incompetent or physically disabled person in the second degree is a

class E felony.