Ask Reggi Your Question Now
Can you summarize NYCL PEN 260.32?
Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons > Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree
Short Summary
This legal document pertains to the offense of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree. It applies to caregivers for such individuals. The document outlines four scenarios in which a person can be found guilty of this offense, including causing physical injury with intent, recklessly causing physical injury, causing physical injury with criminal negligence using a deadly weapon or dangerous instrument, or subjecting the person to non-consensual sexual contact. Lack of consent is defined in terms of forcible compulsion, incapacity to consent, or any other circumstances where the person does not acquiesce to the caregiver’s conduct. The document also mentions affirmative defenses for cases involving mental disability or incapacity to consent. The offense is classified as a class E felony.
Whom does it apply to?
Caregivers for vulnerable elderly persons, or incompetent or physically disabled persons
What does it govern?
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Class E felony
Jurisdiction
New York