NY Penal Law § 120.01: Reckless assault of a child by a child day care provider

When a child is assaulted by a child care provider, the charge that person would face is reckless assault of a child by a child day care provider. Under New York Penal Code § 120.01 you could be prosecuted if you are child day care provider or an employee of a child day care provider and you recklessly cause serious physical injury to a child who is under 11 years old. A "child day care provider" is defined as any individual, association, corporation, partnership, institution or agency that provides child day care. "Child day care" is defined as regularly caring for a child at a place other than the child's residence for less than 24 hours a day by someone other than a relative.

A woman operates a child day care program. For weeks the woman complained to her employees that one particular 4 year old boy is "bad." She also complained to the boy's mother that the boy displayed very bad behavior and needed strong discipline at home. One day the boy refused to follow directions. The woman slapped him. The boy fell out his chair and banged his head on the corner of a table. The boy received a huge gash on his head and required stitches. The woman could be charged with reckless assault of a child by a child care provider because she caused the child, who was under11 years old, a serious physical injury.

1. Reckless assault of a child: New York Penal Code § 120.02
2. Aggravated assault upon a person less than eleven years old: New York Penal Code § 120.12
3. Luring a child: New York Penal Code § 120.70

In order to prove that you committed reckless assault of a child by a child day care provider, the child must suffer a serious physical injury. If the injury is less than serious, then the prosecutor will not be able to sustain a case of reckless assault against a child. Medical testimony will be pivotal in determining the extent and severity of the injuries to the child.

Oftentimes the severity of an injury to a child does not become apparent for hours or days after an assault. As time passes and the symptoms persist it may become apparent that there is a serious problem that requires medical attention. When medical assistance is finally sought it may be unclear as to who was likely responsible for the child's injuries, when the injury occurred or when the injury occurred. Parents may point the finger at the child care provider when there is little evidence that that person was responsible. A scenario such as this may involve a misidentification.

Reckless assault of a child by a child care provider is a class E felony. The maximum possible sentence is 4 years in prison. The actual length of your prison sentence will depend on factors such as your prior criminal record, if any.

A person is guilty of reckless assault of a child when, being a child day care provider or an employee thereof, he or she recklessly causes serious physical injury to a child under the care of such provider or employee who is less than eleven years of age.

Being arrested for reckless assault of a child by a child care provider is serious. If you are convicted you may no longer be able to provide child care services. However, there may be defenses to a charge of reckless assault to a child by a child care provider that only an experienced practitioner will understand. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.