NY Penal Law § 265.26: Burn injury and wounds to be reported

In an effort to apprehend those responsible for causing injury by using a dangerous weapon, the law requires that certain medical professionals to report injuries that were likely caused by a dangerous weapon. Under New York Penal Code § 265.26 it is a crime to fail to report certain types of burn related injuries and wounds to the police. Such injuries include

• second or third degree burns to 5% or more of the body
• burns to the upper respiratory tract
• laryngeal edema due to the inhalation of super-heated air
• burns or wounds that are likely to result in death

The physician treating the wound or the manager of the medical facility has the responsibility of reporting such injuries within 72 hours to the Office of Fire Prevention and Control.

An ambulance brings a man to a hospital with severe burns to his hands and arms. The man's friends tell hospital staff that a firecracker exploded in the man's hands. Because of the severity of the man's burns and injuries, if the attending physician fails to report the injured man to the Office of Fire Prevention and Control, that doctor could be prosecuted for failing to follow the requirements of burn injury and wounds to be reported.

1. Certain wounds to be reported: New York Penal Code § 265.25

Because the charge of burn injury and wounds to be reported is a class A misdemeanor if convicted you could be sentenced to up to 1 year in jail. It is also possible that that the judge will opt to not send you to jail, or only send you to jail for a short period, and instead sentence you to a probation term of 3 years.

Every case of a burn injury or wound, where the victim sustained second or third degree burns to five percent or more of the body and/or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the office of fire prevention and control. The state fire administrator shall accept the report and notify the proper investigatory agency. A written report shall also be provided to the office of fire prevention and control within seventy-two hours. The report shall be made by (a)the physician attending or treating the case; or (b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium, institution or other medical facility.

While the charge of burn injury and wounds to be reported is a misdemeanor, the consequences of a conviction are serious, particularly for your professional life. 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 gun crimes, grand larceny, white collar crimes, and other serious crimes. 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.