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 § 260.34 (2026)

Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree

✓ current as of May 2026
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§ 260.34 Endangering the welfare of a vulnerable elderly person, or an
           incompetent or physically disabled person in the first
           degree.
  A person is guilty of endangering the welfare of a vulnerable elderly
person, or an incompetent or physically disabled person in the first
degree when, being a caregiver for a vulnerable elderly person, or an
incompetent or physically disabled person:
  1. With intent to cause physical injury to such person, he or she
causes serious physical injury to such person; or
  2. He or she recklessly causes serious physical injury to such person.
  Endangering the welfare of a vulnerable elderly person, or an
incompetent or physically disabled person in the first degree is a class
D felony.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2022 · leading case: People v. Flowers, 138 A.D.3d 1138 (N.Y. App. Div. 2d Dep't 2016).
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People v. Flowers, 138 A.D.3d 1138 (N.Y. App. Div. 2d Dep't 2016). “Count one of the indictment charged the defendant with manslaughter in the second degree in violation of Penal Law § 125.”
People v. Tiger, 149 A.D.3d 86 (N.Y. App. Div. 2d Dep't 2017). “Judgment of Conviction upon the Defendant’s Plea of Guilty On July 24, 2012, the defendant entered a plea of guilty to one count of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person, in the first degree (Penal Law § 260.34…”
Jacobs v. Newton, 1 Misc. 3d 171 (N.Y. City Civ. Ct. 2003). “” (Penal Law § 260.34.) A second degree crime is defined when the caregiver intentionally or recklessly causes physical injury that is not serious, or “[w]ith criminal negligence, he or she causes physical injury to [a vulnerable elderly] person by means of a deadly weapon or a…”
People v. Flowers, 138 A.D.3d 1138 (N.Y. App. Div. 2d Dep't 2016). “Count one of the indictment charged the defendant with manslaughter in the second degree in violation of Penal Law § 125.”
Cullum v. Wyndham Hotels & Resorts Corp., No. 1:22-cv-09700 (S.D.N.Y. Dec. 20, 2022). “Penal Law § 260.34 . N.Y. Penal Law (§349-350-e).”
Farias-Alvarez v. Interim Healthcare of Greater N.Y., 2018 NY Slip Op 8115 (N.Y. App. Div. 2d Dep't 2018). “The plaintiff submitted evidence that Tiger was investigated in connection with the incident by the Orange County Child Abuse Task Force and subsequently convicted, upon a plea of guilty, of one count of endangering the welfare of an incompetent or physically disabled person in…”
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