Aggravated assault upon a person less than eleven years old · as in force on May 31, 2026
§ 120.12 Aggravated assault upon a person less than eleven years old.
A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding ten years.
Aggravated assault upon a person less than eleven years old is a class E felony.
A person 18 or older commits aggravated assault on a child under 11 by committing third-degree assault under § 120.00 against that child after a conviction for the same crime against a child under 11 within the preceding 10 years. ★ It is a class E felony.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.