Penal Law § 260.00

Abandonment of a child · as in force on May 31, 2026

§ 260.00 Abandonment of a child.

1. A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he or she deserts such child in any place with intent to wholly abandon such child.

2. A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision one of this section: (a) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (b) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child's location; and (c) the child is not more than thirty days old.

Abandonment of a child is a class E felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/260.00

In plain English

(1) A parent, guardian, or other legal caregiver commits abandonment by deserting a child under 14 anywhere with intent to abandon the child completely.
(2) Safe surrender is excluded when the person intends the child’s safety and proper care, leaves the child with a proper person or at a suitable place, promptly reports the location, and the child is no more than 30 days old. ★

The offense 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.

In print

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.