2013 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
Article 120 - (120.00 - 120.70) ASSAULT AND RELATED OFFENSES
120.02 - Reckless assault of a child.

 
  § 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.