The New York Criminal Law Blog

Child Abuse in New York

The term "child abuse" broadly defines a range of cruel acts inflicted upon a child, often by a parent but not necessarily. And while the term child abuse is often associated with physical cruelty, such as hitting, it also includes offenses such as neglect or emotional abuse. Crimes associated with child abuse include assault and battery, neglect and child endangerment. New York law mandates that certain professionals and caretakers, including school officials and child care workers, report signs of abuse to the Office of Children and Family Services. Child abuse is a class A misdemeanor and also carries civil liability in the Big Apple.

Law enforcement takes the issue of child abuse very seriously and imposes penalties for caretakers and others who fail to report suspected abuse. But getting bruises and scrapes is part of being a kid; so anyone who believes they’ve been wrongly accused of child abuse should seek the counsel of a New York criminal defense attorney.


Recently in Child Abuse Category

Devi Silvia Dominic Charged in Botched Murder-Suicide

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Here's an update in a case that New York criminal defense attorneys will likely be following.

A 33-year old woman was charged with attempted murder, assault, reckless endangerment and endangering the welfare of a child after an alleged suicide attempt.

The woman, Devi Silvia Dominic of Upper West Side, was strolling with her eighteen month old daughter on the pier at West 70th Street when she apparently threw herself into the water, after throwing her daughter, Jessica Catherine Prithiviraj, into the water.

A woman was plucked from the Hudson River on Tuesday, after sources claim she jumped in to the water.

The incident is being investigated as a murder-suicide. The woman allegedly jumped in with her toddler.

Mom Sentenced to Max. in Child Neglect, Murder Case

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A New York City woman is facing the maximum sentence for beating and starving her three month old baby to death. The woman, Jovanniee Florestal, 26, received a sentence of 25 years to life.

The gruesome 2004 incident involved her three month old son, Colesvingtong. The baby's body was found in a Harlem shelter for the homeless with a fractured skull and shaken baby syndrome. At the time, the three month old weighed nine pounds.

Although child abuse laws are sometimes in conflict with the rights of autonomy of a parent to raise their child, the laws generally aim at protecting children from neglect. The child abuse laws therefore strike a delicate balance between the consitutional rights of parents and the criminal laws that protect the children.

Former Teacher Pleads Guilty In Child Porn Scandal

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A former teacher has pleaded guilty to attempting to disseminate indecent material to a minor, or in other words, sending a minor an X-rated video and trying to seduce her.

In actuality, Alexander Kravitz really sent the video to an undercover cop who was posing as a 14-year-old girl. The New York Daily News reports that NYPD officers arrested him at a motel where he thought he was going to make a porn movie with the minor.

In addition to all of this, child porn was found at his home.

The scariest thing about this case is that Kravitz was a teacher at William E. Grady Vocational High School. It is frightening to think that a man like this was around children so often.

DEL Proposal: Chemical Castration For Sex Offenders

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New York as well as other states may be influenced by one Delaware lawmaker.

The AP reports that Rep. John Atkins, is trying to introduce several proposals that would increase the punishment that sex offenders might face from life sentences to special license plates.

Due to the severity of one of his penalties, the candidates must meet all of the following requirements: male, high-risk, repeat sex offender, over 21 years old, and the intended target was under 12 years old (AP).

If this proposal becomes the law, then anyone who matches that description might have to undergo chemical castration in his state.

In an article by the Washington Post titled, "Can Castration By a Solution for Sex Offenders?" chemical castration is described as when "drugs are injected to lower the testosterone level, which in tern reduces sex drive." This is different from a surgical castration because the testes are not removed.

Could Carrying Mumps Be A Crime?

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Measles, mumps, and rubella, oh my. After the New York outbreak of the mumps, many are wondering how this could have happened and who is to blame.

 
 
Based on this, could the child's parents be seeing some criminal charges?

Teens Charged With Kidnapping Baby

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Giavonna Vizard is safe at home after being abducted by three teenage girls: Shawnice Reese, 16, Jenny Dominique, 16, and (who is believed to be ) Lisa Keitt, 13. The one-year-old baby girl is Keitt's niece. 

As of yet, it is unknown why the baby was kidnapped. What is known, is that the girls might need the help of a New York criminal defense attorney because they were charged with "kidnapping, reckless endangerment and endangering the welfare of a child" (as reported by NY 1). 
 
These are all very serious charges, and depending on the degree of the kidnapping charge, the teens could face life in prison.

Minister Arrested In NY With Attempt Against Minor

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One man visiting New York will be leaving with more than an "I <3 NY" mug: criminal charges. Larry Warren, 57, was arrested when he thought he was meeting an underage girl at a hotel for sex.

Warren, as reported by the NY Daily News, is a Tennessee minister and the director of operations and personnel at a Christian drug treatment program called Youth Town.

Depending on how old the girl was thought to be, Warren could be facing a number of charges.

Photographers Touchy About "Retouch" Label

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 may have a new law on their hands. 

In New York City, imagine seeing a billboard of a gorgeous model with a perfect complexion to match her perfect hips. Not very hard to picture is it? That's because these towering Amazonian goddesses are already littering the city on buses, window displays, and buildings. But, if one draft of a bill goes through, New York may have some fine print to accompany those fine models: "retouched."
 
This draft law, proposed by Valerie Boyer, would have any advertisement picture carry a statement at the bottom that notifies the viewer that the picture has been altered, reports the New York Times. If a company were to not have the disclamer, they could face criminal charges. So what exactly is the crime? 

100-Year-Old Sex Offender Free In NY

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The oldest registered sex offender of New York is free from a halfway house and headed out into the streets. At 100 years old, Theodore Sypnier has quite a list of convictions including "2 counts of rape" and "15 counts of sodomy and endangering the welfare of a child... as well as three in Buffalo." He was first arrested in 1987: he was 78.

As Erie County District Attorney Frank Sedita puts it, "People don't start to become pedophiles at 78." There could have been dozens of other unreported cases.