Statute · New York Penal Law
N.Y. Penal Law § 120.02 — Reckless assault of a child
N.Y. Penal Law § 120.02
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 120.02 Reckless assault of a child.
Citator
N.Y. Penal Law § 120.02 — Reckless assault of a child is in force in the current edition of the Code, and nothing recorded condemns it.
§ 120.02 Reckless assault of a child.
1. A person is guilty of reckless assault of a child when, being eighteen years of age or more, such person recklessly causes serious physical injury to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child's head on a hard surface or object.
2. For purposes of subdivision one of this section, the following shall constitute "serious physical injury":
a. "serious physical injury" as defined in subdivision ten of section 10.00 of this chapter; or
b. extreme rotational cranial acceleration and deceleration and one or more of the following: (i) subdural hemorrhaging; (ii) intracranial hemorrhaging; or (iii) retinal hemorrhaging.
Reckless assault of a child is a class D felony.