§ 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.
