NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6760
SPONSOR: Morinello TITLE OF BILL:
An act to amend the penal law, in relation to creating the crimes of
child abuse, vulnerable elderly person or incompetent or physically
disabled person abuse, and torture
PURPOSE OR GENERAL IDEA OF BILL:
Enacts Noah's Law; creates the crimes of child abuse, vulnerable elderly
person or incompetent or physically disabled person abuse, and torture.
SUMMARY OF PROVISIONS:
Section 1: This act shall be known and may be cited as "Noah's Law".
Section 2: The penal law is amended by adding two new sections 260.16
and 260.17.'
Section 3:The penal law is amended by adding two new sections 260.36 and
260.37.
Section 4: The penal law is amended by adding a new section 260.40.
Section 5: Establishes the effective date.
JUSTIFICATION:
Despite international treaties and federal laws criminalizing torture
that does not result in death, there are only two states that have
specific anti-torture statutes. New York should close the gap in its
criminal code by creating a new crime for when a.perpetrator physically
or mentally tortures a victim. A 2020 case in Niagara County illustrates
the deficiencies of New York's criminal statutes. Michael Wilson Sr.,
his finance, Christina DeGroff, And their daughter Michaela Wilson,
subjected Michael's 5-year old grandson, Noah, and 6-year old grand-
daughter, Kyliee, to unspeakable physical and mental suffering through
acts that amount to nothing less than torture however, New York's crimi-
nal laws do not specifically address this type of conduct. Prosecutors
struggled to find criminal law that meet the facts of the case and
provide adequate punishment.
The horrific actions taken by Michael Wilson Sr., Christina DeGroff, and
Michaela Wilson against these children satisfy the elements of the
torture statute proposed by this bill. First the Wilson/DeGroff's course
of conduct and the extent of Noah's injuries, demonstrates that the
Wilson/DeGroff's knew that they were causing him to suffer both cruel
physical and mental pain. It was also clear that they knew they were
causing Kyliee to also suffer cruel physical and mental pain. The
Wilson/DeGroff's had custody of the two minor children, however, they
continuously acted in a violent and inhumane manner towards them.
Without the defendants' cooperation and the children's' inability to
provide a full detailed account of their lives at the Wilson/DeGroff
residence, we are left only with evidence to piece together an account
of what they endured. Through the use of evidence, it was determined
that between April 10thi 202C and April 16th, 2020, Michael Wilson Sr.,
Christina DeGroff, and Michaele Wilson engaged in a course of conduct
against Noah consisting of intentionally striking, punching, kicking,
lifting and dropping the child to the floor, choking the child, stomping
on him and slamming his head to the floor. They engaged in these acts or
were present while the other party engaged in these acts on numerous
occasions during the time frame. They also committed these acts in the
presence of Noah's slightly older sister. Noah and Kyliee were exposed
to multiple forms of physical maltreatment including but surely not
limited to, beating, binding, burning, forced position or standing,
forced exercise, and asphyxiation. They were also exposed to multiple
forms of psychological maltreatment including threats, food and water
restrictions, bathroom restrictions, sleep deprivation, forced hot/cold
environment, and denial of medical and educational serv ices. Though we
have evidence for a short period of time, we have reason to believe
these behaviors were ongoing for months.
The Wilson/DeGroff's intentionally inflicted extreme pain and suffering
on Noah and Kyliee not for revenge, extortion, or persuasion, but for
the purpose of experiencing personal pleasure, or a sadistic purpose.
The torture was the product of calculated and coldblooded individuals,
whose motivation for personal gain or satisfaction makes them deserving
of additional punishment. The Wilson/DeGroff's' dynamic of domination
and control, crushed Noah and Kyliee'S spirit and humanity and left them
with long term, potentially permanent, physical and psychological inju-
ries. Torture is not a crime reserved for the unscrupulous; husbands,
wives, parents, and other family members are all capable. Unfortunately,
Noah and Kyliee are not the only two children that will be victims of
such abuse. New York State's criminal code do not equip prosecutors with
the statutory tools they need to effectively punish torturous behavior.
We need to do better. We need to adopt child abuse and torture statutes
that not only criminalize physical torture, but mental torture as well.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6760
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. MORINELLO, NORRIS -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crimes of
child abuse, vulnerable elderly person or incompetent or physically
disabled person abuse, and torture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Noah's Law".
2 § 2. The penal law is amended by adding two new sections 260.16 and
3 260.17 to read as follows:
4 § 260.16 Child abuse in the second degree.
5 A person is guilty of child abuse in the second degree when:
6 1. Through omission, neglect, or a reckless act, they cause serious
7 physical and/or mental harm to a child;
8 2. They knowingly or intentionally commit an act which is likely to
9 cause physical and/or mental harm to a child, regardless of if such harm
10 occurs; or
11 3. They knowingly or intentionally commit an act which is cruel to a
12 child, regardless of if any harm occurs.
13 Child abuse in the second degree is a class B felony.
14 § 260.17 Child abuse in the first degree.
15 A person is guilty of child abuse in the first degree when they know-
16 ingly or intentionally cause serious physical and/or mental harm to a
17 child.
18 Child abuse in the first degree is a class A felony.
19 § 3. The penal law is amended by adding two new sections 260.36 and
20 260.37 to read as follows:
21 § 260.36 Vulnerable elderly person or incompetent or physically disabled
22 person abuse in the second degree.
23 A person is guilty of vulnerable elderly person or incompetent or
24 physically disabled person abuse in the second degree when:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09928-01-3
A. 6760 2
1 1. Through omission, neglect, or a reckless act, they cause serious
2 physical and/or mental harm to a vulnerable elderly person or incompe-
3 tent or physically disabled person;
4 2. They knowingly or intentionally commit an act which is likely to
5 cause physical and/or mental harm to a vulnerable elderly person or
6 incompetent or physically disabled person, regardless of if such harm
7 occurs; or
8 3. They knowingly or intentionally commit an act which is cruel to a
9 vulnerable elderly person or incompetent or physically disabled person,
10 regardless of if any harm occurs.
11 Vulnerable elderly person or incompetent or physically disabled person
12 abuse in the second degree is a class B felony.
13 § 260.37 Vulnerable elderly person or incompetent or physically disabled
14 person abuse in the first degree.
15 A person is guilty of vulnerable elderly person or incompetent or
16 physically disabled person abuse in the first degree when they knowingly
17 or intentionally cause serious physical and/or mental harm to a vulner-
18 able elderly person or incompetent or physically disabled person.
19 Vulnerable elderly person or incompetent or physically disabled person
20 abuse in the first degree is a class A felony.
21 § 4. The penal law is amended by adding a new section 260.40 to read
22 as follows:
23 § 260.40 Torture.
24 A person is guilty of torture when they knowingly and cruelly inflict
25 serious physical injury and/or severe mental pain or suffering upon
26 another person within their custody or physical control. Torture does
27 not require any proof that the victim suffered pain.
28 Torture is a class A felony.
29 § 5. This act shall take effect on the thirtieth day after it shall
30 have become a law.
