{"data":{"id":"us-ny/n.y.-penal-law-260.35","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 260.35","heading":"Misrepresentation by, or on behalf of, a caregiver for a child or children","body":"§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a child\n           or children.\n  1. A person is guilty of misrepresentation by, or on behalf of, a\ncaregiver for a child or children when he or she:\n  (a) intentionally makes a false written statement about himself,\nherself, or another person while he or she, or such other person, is\nbeing considered for employment, or while under employment as a\ncaregiver to a parent or guardian of a child or children, or the agent\nof a parent or guardian, and\n  (b) such statement contains a materially false representation\nregarding the caregiver's background related to the ability to safely\ncare for a child or children, and\n  (c) a reasonable person would have relied upon such statement in\nmaking an employment decision.\n  2. For the purposes of this section, \"caregiver\" shall mean a person\nemployed by or being considered for employment to provide fifteen or\nmore hours of care per week to a child or children in the home of such\nchild or children or in the home of such caregiver, provided that such\nterm shall not apply to a child day care provider required to be\nlicensed pursuant to the social services law.\n  Misrepresentation by, or on behalf of, a caregiver for a child or\nchildren is a class A misdemeanor, provided, however, that if any\nsentence of imprisonment is imposed for a conviction under this section,\nterm of imprisonment shall not exceed six months.","path":["Penal Law","Part 3. Specific Offenses","Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents","Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/260.35","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"d584fa5b6f4dc3c210bac4b39d97f9b6c4228fd89913e92028ba88d204cf3e50","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-260.34","next":"us-ny/n.y.-penal-law-263.00"},"notice":"GroundRules: Original legal text. Not legal advice."}