N.Y. PEN Law § 120.02
This is the official text of N.Y. PEN Law § 120.02, part of New York’s Penal Law — defines crimes and punishments in New York.
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Reckless assault of a child
Official statutory text
§ 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.\n
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