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NYS law toughens penalties for repeat child abusers

Albany, N.Y. - New legislation signed Monday is toughening penalties against offenders who have been convicted of repeatedly abusing a child.

Governor Andrew Cuomo signed Jay-J’s Law Monday morning in an effort to identify and penalize repeat offenders.

"Jay-J's Law" is named after Jay-J Bolvin, who was severely beaten by his father in 2011, leaving him with 11 fractured bones and epilepsy. Jay-J’s father had been convicted of third-degree assault in 2007 for beating another of his sons and breaking his arm. For the assault on Jay-J., his father was allowed to plead guilty to misdemeanor assault, because the prior conviction was not an enhancing factor because it occurred outside of the three year look-back period.

The law increases the look-back period from three years to 10 years for assault cases involving a child younger than 11. If the alleged abuser intentionally caused physical injuries to a child under 11 and is also a repeat offender, the charge could be elevated to an E felony of aggravated assault upon a person less than 11 years old. That charge carries a maximum four-year prison sentence.

The bill takes effect immediately.

 
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