New York statute
N.Y. Penal Law § 260.31 — Vulnerable elderly persons; definitions
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 260: Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons, New York Penal Law.
Full text of N.Y. Penal Law § 260.31
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.
* § 260.31 Vulnerable elderly persons; definitions.
For the purpose of sections 260.32 and 260.34 of this article, the
following definitions shall apply:
1. "Caregiver" means a person who (i) assumes responsibility for the
care of a vulnerable elderly person, or an incompetent or physically
disabled person pursuant to a court order; or (ii) receives monetary or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
2. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as
the touching of the victim by the actor, whether directly or through
clothing, as well as the emission of ejaculate by the actor upon any
part of the victim, clothed or unclothed.
3. "Vulnerable elderly person" means a person sixty years of age or
older who is suffering from a disease or infirmity associated with
advanced age and manifested by demonstrable physical, mental or
emotional dysfunction to the extent that the person is incapable of
adequately providing for his or her own health or personal care.
4. "Incompetent or physically disabled person" means an individual who
is unable to care for himself or herself because of physical disability,
mental disease or defect.
* NB There are 2 § 260.31's
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