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New York statute

N.Y. Penal Law § 260.35 — Misrepresentation by, or on behalf of, a caregiver for a child or children

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.

Criminal charges under this statute

Full text of N.Y. Penal Law § 260.35

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.

N.Y. Penal Law § 260.35Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
260.35 Misrepresentation by, or on behalf of, a caregiver for a child or children. 1. A person is guilty of misrepresentation by, or on behalf of, a caregiver for a child or children when he or she: (a) intentionally makes a false written statement about himself, herself, or another person while he or she, or such other person, is being considered for employment, or while under employment as a caregiver to a parent or guardian of a child or children, or the agent of a parent or guardian, and (b) such statement contains a materially false representation regarding the caregiver's background related to the ability to safely care for a child or children, and (c) a reasonable person would have relied upon such statement in making an employment decision. 2. For the purposes of this section, "caregiver" shall mean a person employed by or being considered for employment to provide fifteen or more hours of care per week to a child or children in the home of such child or children or in the home of such caregiver, provided that such term shall not apply to a child day care provider required to be licensed pursuant to the social services law. Misrepresentation by, or on behalf of, a caregiver for a child or children is a class A misdemeanor, provided, however, that if any sentence of imprisonment is imposed for a conviction under this section, term of imprisonment shall not exceed six months.

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Legal terms used in this section

Questions this section answers

What class of misdemeanor is misrepresentation by, or on behalf of, a caregiver for a child or children in New York?

Misrepresentation by, or on behalf of, a caregiver for a child or children is a Class A Misdemeanor in New York under N.Y. Penal Law § 260.35.

Which New York statute covers misrepresentation by, or on behalf of, a caregiver for a child or children?

Misrepresentation by, or on behalf of, a caregiver for a child or children is governed by N.Y. Penal Law § 260.35 (Misrepresentation by, or on behalf of, a caregiver for a child or children).

This reference is informational and is not legal advice.