N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents / ARTICLE Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons
New York Consolidated Laws

N.Y. Penal Law § 260.31 (2026)

Vulnerable elderly persons; definitions

✓ current as of May 2026
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* § 260.31 Vulnerable elderly persons; definitions.
  For the purpose of sections 260.32 and 260.34 of this article, the
following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility for the
care of a vulnerable elderly person, or an incompetent or physically
disabled person pursuant to a court order; or (ii) receives monetary or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
  2. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as
the touching of the victim by the actor, whether directly or through
clothing, as well as the emission of ejaculate by the actor upon any
part of the victim, clothed or unclothed.
  3. "Vulnerable elderly person" means a person sixty years of age or
older who is suffering from a disease or infirmity associated with
advanced age and manifested by demonstrable physical, mental or
emotional dysfunction to the extent that the person is incapable of
adequately providing for his or her own health or personal care.
  4. "Incompetent or physically disabled person" means an individual who
is unable to care for himself or herself because of physical disability,
mental disease or defect.
  * NB There are 2 § 260.31's
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Huggins v. Randolph, 45 Misc. 3d 521 (N.Y. City Civ. Ct. 2014).
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Huggins v. Randolph, 45 Misc. 3d 521 (N.Y. City Civ. Ct. 2014). · cites it 2× “Penal Law §§ 260.31, 260.32. . Campbell v Thomas, 73 AD3d 103, 105 (2d Dept 2010) (“New York, however, does not yet have a statute specifically addressing [this] situation”).”
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