2010 New York Code
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title O - OFFENSES AGAINST MARRIAGE, THE FAMILY, AND THE WELFARE OF CHILDREN AND INCOMPETENTS
Article 260 - (260.00 - 260.34) OFFENSES RELATING TO CHILDREN, DISABLED PERSONS AND VULNERABLE ELDERLY PERSONS
260.32 - Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree.

§  260.32  Endangering the welfare of a vulnerable elderly person, or an
               incompetent or physically disabled  person  in  the  second
               degree.
    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 a vulnerable elderly person, or an
  incompetent or physically disabled person:
    1. With intent to cause physical injury to  such  person,  he  or  she
  causes such injury to such person; or
    2. He or she recklessly causes physical injury to such person; or
    3.  With criminal negligence, he or she causes physical injury to such
  person by means of a deadly weapon or a dangerous instrument; or
    4. He or she subjects  such  person  to  sexual  contact  without  the
  latter's  consent.  Lack  of consent under this subdivision results from
  forcible compulsion or incapacity to consent, as those terms are defined
  in  article  one  hundred  thirty  of  this  chapter,   or   any   other
  circumstances  in which the vulnerable elderly person, or an incompetent
  or physically disabled person does not expressly or impliedly  acquiesce
  in the caregiver's conduct. In any prosecution under this subdivision in
  which   the  victim's  alleged  lack  of  consent  results  solely  from
  incapacity to consent because  of  the  victim's  mental  disability  or
  mental  incapacity,  the  provisions  of  section 130.16 of this chapter
  shall apply. In addition, in any prosecution under this  subdivision  in
  which  the  victim's  lack  of  consent  is based solely upon his or her
  incapacity to consent because he or she was mentally disabled,  mentally
  incapacitated  or physically helpless, it is an affirmative defense that
  the defendant, at the time he or she engaged in the conduct constituting
  the offense, did not know of the facts  or  conditions  responsible  for
  such incapacity to consent.
    Endangering  the  welfare  of  a  vulnerable  elderly  person,  or  an
  incompetent or physically disabled person in  the  second  degree  is  a
  class E felony.