{"jurisdiction": "us-ny", "code": "penal", "section": "260.05", "citation": "Penal Law § 260.05", "heading": "Non-support of a child in the second degree", "text": ["§ 260.05 Non-support of a child in the second degree.", "A person is guilty of non-support of a child when:", "1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment; or", "2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment.", "Non-support of a child in the second degree is a class A misdemeanor."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/260.05", "from_official_api": true, "plain_english": "A person commits second-degree nonsupport by:\n- **(1)** As a legal caregiver, **without lawful excuse failing or refusing to support a child under 16 while able**, or making themself unable by quitting work, reducing earning capacity, or not diligently seeking work; or\n- **(2)** As someone owing court-ordered support, **knowingly doing the same regarding a child under 18**. ★\nThe offense is a **class A misdemeanor**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/260.05", "publisher": "Elyphived LLC"}