{"jurisdiction": "us-ny", "code": "penal", "section": "120.02", "citation": "Penal Law § 120.02", "heading": "Reckless assault of a child", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/120.02", "from_official_api": true, "plain_english": "A person **18 or older** commits reckless assault of a child by **recklessly causing serious brain injury to a child under 5 through shaking, or by slamming or throwing the child so the head strikes a hard surface or object**. ★ Serious injury includes the § 10.00(10) meaning or extreme rotational acceleration and deceleration with subdural, intracranial, or retinal hemorrhaging. It is a **class D felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/120.02", "publisher": "Elyphived LLC"}