N.Y. Penal Law Section 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.

Source: Section 120.02 — Reckless assault of a child, https://www.­nysenate.­gov/legislation/laws/PEN/120.­02 (updated Sep. 22, 2014; accessed Jan. 17, 2026).

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Verified:
Jan. 17, 2026

Last modified:
Sep. 22, 2014

§ 120.02. Reckless assault of a child's source at nysenate​.gov

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