New York statute
N.Y. Penal Law § 120.02 — Reckless assault of a child
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 120: Assault and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 120.02
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is reckless assault of a child in New York?
Reckless assault of a child is a Class D Felony in New York under N.Y. Penal Law § 120.02.
Which New York statute covers reckless assault of a child?
Reckless assault of a child is governed by N.Y. Penal Law § 120.02 (Reckless assault of a child).
This reference is informational and is not legal advice.