§ 260.35 Misrepresentation by, or on behalf of, a caregiver for a  child
           or children.
  1.  A  person  is  guilty  of misrepresentation by, or on behalf of, a
caregiver for a child or children when he or she:
  (a) intentionally makes  a  false  written  statement  about  himself,
herself,  or  another  person  while he or she, or such other person, is
being considered for employment, or while under employment as a caregiv-
er to a parent or guardian of a child or children, or  the  agent  of  a
parent or guardian, and
  (b)  such statement contains a materially false representation regard-
ing the caregiver's background related to the ability to safely care for
a child or children, and
  (c) a reasonable person would  have  relied  upon  such  statement  in
making an employment decision.
  2.  For  the purposes of this section, "caregiver" shall mean a person
employed by or being considered for employment  to  provide  fifteen  or
more  hours  of care per week to a child or children in the home of such
child or children or in the home of such caregiver, provided  that  such
term  shall  not  apply  to  a  child  day  care provider required to be
licensed pursuant to the social services law.
  Misrepresentation by, or on behalf of, a  caregiver  for  a  child  or
children  is  a  class  A  misdemeanor,  provided,  however, that if any
sentence of imprisonment is imposed for a conviction under this section,
term of imprisonment shall not exceed six months.
(Added by L.2018 c.195 effective 10/15/18.)