New York Consolidated Laws, Penal Law - PEN § 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.

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