NYSentencing

§ 120.02 Reckless assault of a child.
  1. A person is guilty of reckless assault of a child when, being eigh-
teen years of age or more, such person recklessly causes  serious  phys-
ical  injury to the brain of a child less than five years old by shaking
the child, or by slamming or throwing the child  so  as  to  impact  the
child's head on a hard surface or object.
  2.  For  purposes  of  subdivision  one of this section, the following
shall constitute "serious physical injury":
  a. "serious physical injury" as defined in subdivision ten of  section
10.00 of this chapter; or
  b. extreme rotational cranial acceleration and deceleration and one or
more  of  the  following:   (i) subdural hemorrhaging; (ii) intracranial
hemorrhaging; or (iii) retinal hemorrhaging.
  Reckless assault of a child is a class D felony.
(L.2006 c.110 effective 11/01/06 .)
with Argument