§ 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
N.Y. Penal Law § 120.02
Reckless assault of a child
Applied in 7 court decisions — leading case People v. Lathrop (2016)
Most recently applied in People v. Warren (December 2023)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.