N.Y. PEN Law § 260.32

§ 260.32 Endangering the welfare of a vulnerable elderly person, or an\n incompetent or physically disabled person in the second\n degree.\n A person is guilty of endangering the welfare of a vulnerable elderly\nperson, or an incompetent or physically disabled person in the second\ndegree when, being a caregiver for a vulnerable elderly person, or an\nincompetent or physically disabled person:\n 1. With intent to cause physical injury to such person, he or she\ncauses such injury to such person; or\n 2. He or she recklessly causes physical injury to such person; or\n 3. With criminal negligence, he or she causes physical injury to such\nperson by means of a deadly weapon or a dangerous instrument; or\n 4. He or she subjects such person to sexual contact without the\nlatter's consent. Lack of consent under this subdivision results from\nforcible compulsion or incapacity to consent, as those terms are defined\nin article one hundred thirty of this chapter, or any other\ncircumstances in which the vulnerable elderly person, or an incompetent\nor physically disabled person does not expressly or impliedly acquiesce\nin the caregiver's conduct. In any prosecution under this subdivision in\nwhich the victim's alleged lack of consent results solely from\nincapacity to consent because of the victim's mental disability or\nmental incapacity, the provisions of section 130.16 of this chapter\nshall apply. In addition, in any prosecution under this subdivision in\nwhich the victim's lack of consent is based solely upon his or her\nincapacity to consent because he or she was mentally disabled, mentally\nincapacitated or physically helpless, it is an affirmative defense that\nthe defendant, at the time he or she engaged in the conduct constituting\nthe offense, did not know of the facts or conditions responsible for\nsuch incapacity to consent.\n Endangering the welfare of a vulnerable elderly person, or an\nincompetent or physically disabled person in the second degree is a\nclass E felony.\n