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.
Structure New York Laws
Article 120 - Assault and Related Offenses
120.00 - Assault in the Third Degree.
120.01 - Reckless Assault of a Child by a Child Day Care Provider.
120.02 - Reckless Assault of a Child.
120.03 - Vehicular Assault in the Second Degree.
120.04 - Vehicular Assault in the First Degree.
120.04-A - Aggravated Vehicular Assault.
120.05 - Assault in the Second Degree.
120.06 - Gang Assault in the Second Degree.
120.07 - Gang Assault in the First Degree.
120.10 - Assault in the First Degree.
120.11 - Aggravated Assault Upon a Police Officer or a Peace Officer.
120.12 - Aggravated Assault Upon a Person Less Than Eleven Years Old.
120.13 - Menacing in the First Degree.
120.14 - Menacing in the Second Degree.
120.15 - Menacing in the Third Degree.
120.16 - Hazing in the First Degree.
120.17 - Hazing in the Second Degree.
120.18 - Menacing a Police Officer or Peace Officer.
120.20 - Reckless Endangerment in the Second Degree.
120.25 - Reckless Endangerment in the First Degree.
120.30 - Promoting a Suicide Attempt.
120.35 - Promoting a Suicide Attempt; When Punishable as Attempt to Commit Murder.
120.45 - Stalking in the Fourth Degree.
120.50 - Stalking in the Third Degree.
120.55 - Stalking in the Second Degree.