(Committed on or after Nov. 1, 1998 for Vulnerable Elderly Person) (Committed on or after May 22, 2010 for Incompetent or Physically Disabled Person)

Similar documents
Introduction to Criminal Law

2015 NV S 176 Version Date: 06/01/2015

Version: Introduced Version Date: 02/12/2015 JOINT SPONSORS: ASSEMBLYMEN FIORE; DICKMAN, JONES, O'NEILL AND WHEELER

Criminal Offenses. Specific Crimes 1. Assault (Penal Law Article 120) Common Definitions. 2. Homicide (Penal Law Article 125)

HB 227 AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

692 Part VI.b Excuse Defenses

WEAPONS ON NSHE PROPERTY

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION BILL DRAFT 2017-SAz-24 [v.2]

CHAPTER 9 MISCELLANEOUS OFFENSES. 1. Definitions. The following words and phrases when used in this Section shall have the following meanings:

Title 4 Criminal Code Chapter 1 Preliminary Provisions

Sex Crimes: Definitions and Penalties Iowa

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION BILL DRAFT 2017-MS-165 [v.6] (02/21)

Session of HOUSE BILL No By Committee on Federal and State Affairs 1-18

APPENDIX B. 7.7 MANSLAUGHTER , Fla. Stat.

South Dakota Use of Force Laws: SDCL SDCL SDCL

VANDALIZING RAILROAD CROSSING DEVICES (N.J.S.A. 2C: ) Count of the indictment provides as follows: [READ COUNT OF THE INDICTMENT]

Sex Crimes: Definitions and Penalties Florida

(C) Under this Ordinance, any person who engages in any sexual

State Statutes Regarding Taser Use

OFFENSIVE WEAPONS (PROHIBITION)

CHAPTER 9 MISCELLANEOUS OFFENSES. A. Dangerous Weapon means: i. All firearms, whether loaded or unloaded; All military-type weapons;

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 8, 2018

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

HOUSE BILL No As Amended by Senate Committee. {As Amended by House Committee of the Whole}

75th OREGON LEGISLATIVE ASSEMBLY Regular Session

Section 5 Culpability and Mistake 173. Article 4. Sexual Offenses Section Sexual Assault in the First Degree

Supreme Court of Florida

Safety and Law Enforcement. (Amended as of 2/1/05) CHICKASAW NATION CODE TITLE 19 "19. SAFETY AND LAW ENFORCEMENT" CHAPTER 1 GENERAL PROVISIONS

Section 9 Causation 291

An Overview of the Florida Statutes Dealing with Elder Abuse

H 5767 S T A T E O F R H O D E I S L A N D

Page 199. Tanisha Simon, U.S. Attorneys Office, Brooklyn, NY, for United States of America.

NOTICE 158 OF 2008 NOTICE FOR PUBLIC COMMENTS

Referred to Committee on Judiciary. SUMMARY Revises provisions governing concealed firearms. (BDR )

HOUSE MINORITY REPORT NO. 2 AMENDMENTS TO A-ENGROSSED SENATE BILL 941

Monday through Thursday 8:00 a.m. to 4:00 P.M.

Physician s Degree of Care; Proximate Cause

Title 17-A: MAINE CRIMINAL CODE

208.81F ASSAULT ON AN OFFICER AND SIMPLE ASSAULT ARREST SITUATIONS (ALL ISSUES IN DISPUTE).

MURDER, PASSION/PROVOCATION AND AGGRAVATED/RECKLESS MANSLAUGHTER 1 N.J.S.A. 2C:11-3a(1) and (2); 2C:11-4a, b(1) and b(2)

SENATE BILL By Norris BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

ARKANSAS ADULT ABUSE ACT Definitions. As used in this chapter, unless the context otherwise requires:

PARENT AND CHILD RIGHTS

Public Gatherings Proclamation, AG 23 of 1989 (OG 5756) came into force on date of publication: 21 July 1989

OFFENSES BY PUNISHMENT RANGE

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED JUNE 30, 2018

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE DENNIS PRATTE. Argued: October 15, 2008 Opinion Issued: November 6, 2008


IS THE FORCE I AM ABOUT TO USE NECESSARY TO ACCOMPLISH A LAWFUL GOAL?

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 3 HOUSE BILL 746 Committee Substitute Favorable 5/31/17 Third Edition Engrossed 6/8/17

Copyright Crash Data Services, LLC All rights reserved.

482 June 11, 2014 No. 249 IN THE COURT OF APPEALS OF THE STATE OF OREGON

TITLE XIII: GENERAL OFFENSES. Chapter 130. GENERAL OFFENSES

Sex Crimes: Definitions and Penalties Delaware

PART H - SPECIFIC OFFENDER CHARACTERISTICS. Introductory Commentary

MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS.

Section 17 Lesser Evils Defense 535. Chapter Ten. Offenses Against the Person. Article One. Causing Death

FIREARM POSSESSION PROHIBITORS

SENATE BILL No Introduced by Senators Lara and Mitchell. February 16, 2018

DEPARTMENT POLICIES AND PROCEDURES

Senate Bill 1008 Ordered by the Senate February 8 Including Senate Amendments dated February 8

Supreme Court of Florida

Assault and Battery Common Law

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.

O.C.G.A GEORGIA CODE Copyright 2017 by The State of Georgia All rights reserved.

AGGRAVATED ASSAULT - SIGNIFICANT BODILY INJURY N.J.S.A. 2C:12-1b(7) 1

Criminal Law A Flowchart

Safe School Choice Option

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED FEBRUARY 1, 2018

APPENDIX E PENNSYLVANIA STATE LAW DEFINITIONS

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. EFFECTIVE DATE: 7 January 1999 PAGE 1 OF 9

Miss. Code Ann MISSISSIPPI CODE of ** Current through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions ***

North Carolina Sheriffs Association

ENDANGERING INJURED VICTIM (N.J.S.A. 2C:12-1.2)

Fall 2011 October 26, 2011 (PRACTICE) MID-TERM EXAM DO NOT GO BEYOND THIS PAGE UNTIL YOU ARE TOLD TO BEGIN.

For the purposes of this agreement, a person commits assault in the third degree if that person:

CRIMINAL CODE OFFENSES AND PUNISHMENTS. Siletz Tribal Code


HOUSE BILL No {As Amended by House Committee of the Whole}

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY

***** amended THIS AMENDED SECTION IS EFFECTIVE APRIL 3, 2013 *****

Terry Lenamon s Collection of Florida Death Penalty Laws February 23, 2010 by Terry Penalty s Death Penalty Blog

CHAPTER 34 TAXICABS. Indemnity Bond or Liability Insurance Required

SometimeS it S a CRime

PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Supreme Court of the United States

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return

Pasadena Police Department Policy Manual

SC Amended Appendix A

10 USC 920. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Adding Vulnerable Victim to the Physical Injury Statute ORS

IN THE SUPREME COURT OF THE STATE OF HAWAI'I. In the Matter of the Publication and Distribution of the Hawai'i Pattern Jury Instructions - Criminal

a. To effect an arrest or bring a subject under control;

Criminal Statutes of Limitations Florida

Fact Sheet PENALTIES FOR CATEGORY B FELONIES UNDER NEVADA REVISED STATUTES (NRS) CATEGORY B FELONIES

THE STATE OF NEW HAMPSHIRE SUPREME COURT

NC General Statutes - Chapter 14 Article 8 1

Title 17-A: MAINE CRIMINAL CODE

AGGRAVATED CRIMINAL SEXUAL CONTACT N.J.S.A. 2C:14-3a [2C:14-2a(6)]

Transcription:

ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE 1 (Physical Injury; Criminal Negligence; Weapon) Penal Law 260.32(3) (Committed on or after Nov. 1, 1998 for Vulnerable Elderly Person) (Committed on or after May 22, 2010 for Incompetent or Physically Disabled Person) The (specify) count is Endangering the Welfare of a Vulnerable Elderly Person, Or An Incompetent or Physically Disabled Person in the Second Degree. Under our law, a person is guilty of Endangering the Welfare of a Vulnerable Elderly Person, Or An Incompetent or Physically Disabled Person in the Second Degree when, being a caregiver for Select appropriate alternative(s): a vulnerable elderly person [or] 1 The crime of endangering the welfare of a vulnerable elderly person was added by the Laws of 1998, chapter 381, effective Nov. 1, 1998. In 2010, the crime was renamed to add the words "Or An Incompetent or Physically Disabled Person" and the definition of the crime was amended to include "an incompetent or physically disabled person." L. 2010, ch. 14, effective May 22, 2010. This charge was thereafter revised to account for the 2010 amendments. Thus, with respect solely to the crime of endangering the welfare of a vulnerable elderly person, this charge is applicable to any such crime committed on or after November 1, 1998. With respect to the crime of endangering the welfare of a vulnerable elderly person and/or an incompetent or physically disabled person, this charge is applicable to any such crime committed on or after May 22, 2010.

an incompetent or physically disabled person with criminal negligence, he or she causes physical injury to such person by means of a deadly weapon [or a dangerous instrument]. The following terms used in that definition have a special meaning: [VULNERABLE ELDERLY PERSON means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care. 2 ] [INCOMPETENT OR PHYSICALLY DISABLED PERSON means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect. 3 ] CAREGIVER means a person who assumes responsibility for the care of a vulnerable elderly person, or an incompetent or physically disabled person pursuant to a court order or receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person. 4 PHYSICAL INJURY means impairment of physical condition or substantial pain. 5 2 Penal Law 260.30(3). 3 Penal Law 260.31(4). 4 Penal Law 260.30(1). 5 Penal Law 10.00(9); See People v. Chiddick, 8 NY3d 445 (2007). 2

CRIMINAL NEGLIGENCE is not the same as that type of negligence you may be familiar with that permits a person injured by ordinary negligence to obtain a monetary judgment in a civil law suit. The carelessness required for criminal negligence is appreciably more serious than that for ordinary civil negligence. A person acts with CRIMINAL NEGLIGENCE with respect to physical injury to another by means of a deadly weapon [or dangerous instrument] when that person engages in conduct which creates or contributes to a substantial and unjustifiable risk that physical injury to another by means of a deadly weapon [or dangerous instrument] will occur, and when he or she fails to perceive that risk, and when that risk is of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. 6 DEADLY WEAPON means: any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged. [or a switchblade knife defined as any knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.] [or a gravity knife defined as any knife having a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other (1990). 6 See Penal Law 15.05(4); People v. Boutin, 75 NY2d 692, 696 3

device.] [or a pilum ballistic knife defined as any knife having a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.] [or a dagger] [or a billy] [or a blackjack] [or metal knuckles] [or a metal knuckle knife]. 7 [DANGEROUS INSTRUMENT means any instrument, article or substance (including a vehicle) which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury, 8 that is, serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. 9 Under that definition, death or other serious physical injury need not, in fact, be caused.] In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following four elements: 1. That on or about (date), the defendant (defendant s name) was a caregiver for (specify); 2. That, on or about that date, (specify) was: 7 Penal Law 10.00(12); See Penal Law 265.00 for the definitions of switchblade knife, gravity knife, and pilum ballistic knife. 8 Penal Law 10.00(13). 9 Penal Law 10.00(10). 4

Select appropriate alternative(s): a vulnerable elderly person [or] an incompetent or physically disabled person; 3. That, on or about that date, in the county of (county), the defendant, (defendant's name), caused physical injury by means of a deadly weapon [or dangerous instrument] to (specify); and 4. That the defendant did so with criminal negligence. If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. 5