§ 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.
(As amended by L.2010 c.14 effective 5/22/10.)
2. "Sexual contact" means any touching of the sexual or other intimate
parts of a person not married to the actor 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.
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.
(Added by L.2010 c.14 effective 5/22/10.)
Note : Immediately prior to enactment of L.2010 c.14, there were two sections PL 260.30. Effective 5/22/10, L.2010 c.14 provided: "Section 11. Section 260.30 of the penal law, as added by chapter 381 of the laws of 1998, is renumbered section 260.31." The only §260.30 added by L.1998 c. 381 is the section entitled "Vulnerable elderly persons; definitions." Therefore, it appears that the other section §260.30, entitled, "Misrepresentation by a child day care provider", should remain numbered as §260.30.
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