{"data":{"id":"us-ny/n.y.-penal-law-120.02","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 120.02","heading":"Reckless assault of a child","body":"§ 120.02 Reckless assault of a child.\n  1. A person is guilty of reckless assault of a child when, being\neighteen years of age or more, such person recklessly causes serious\nphysical injury to the brain of a child less than five years old by\nshaking the child, or by slamming or throwing the child so as to impact\nthe child's head on a hard surface or object.\n  2. For purposes of subdivision one of this section, the following\nshall constitute \"serious physical injury\":\n  a. \"serious physical injury\" as defined in subdivision ten of section\n10.00 of this chapter; or\n  b. extreme rotational cranial acceleration and deceleration and one or\nmore of the following: (i) subdural hemorrhaging; (ii) intracranial\nhemorrhaging; or (iii) retinal hemorrhaging.\n  Reckless assault of a child is a class D felony.","path":["Penal Law","Part 3. Specific Offenses","Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation","Article 120. Assault and Related Offenses"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/120.02","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"627ea5b71367a9e5a11cb8d9b79e27f5a3b37473469297ecc630fac005e179ef","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-120.01","next":"us-ny/n.y.-penal-law-120.03"},"notice":"GroundRules: Original legal text. Not legal advice."}