White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NY Penal Law § 260.00: Abandonment of a Child

July 4, 2020 Federal Criminal Attorneys

The New York legislature has enacted a number of statutes designed to protect children. Criminal offenses that involve children are viewed as among the most serious crimes. One of these crimes is referred to as abandonment of a child.  You could be prosecuted under New York Penal Law § 260.00 for abandonment of a child if you are the caretaker of a minor child who is younger than 14 years old, and you leave the child with no intention of returning to pick them back up. A caretaker can be a parent, a guardian, or any person who has the legal responsibility for taking care of the child.

An Example

Bryant is a single father.  He has been parenting his 7 year old daughter on his own for a while. Taking care of his child has come to be rather overwhelming to him. One afternoon, he dropped off his daughter at the home of a trusted friend, letting the friend know that he would be back in 3 hours. Bryant never came back for his daughter. Bryant morethna likely could not be prosecuted on the charge of abandonment of a child. Even though he left his daughter with no intention of returning, he did leave her in a safe place with a person who was capable of caring for her.

Offenses that are Related

Endangering the welfare of a child: New York Penal Law § 260.10

Endangering the welfare of an incompetent or physically disabled person in the second degree: New York Penal Law § 260.24

Endangering the welfare of a vulnerable elderly person, or an competent or physically disabled person in the second degree: New York Penal Law § 260.32

Possible Defenses

Under New York Penal Law § 260.00(2) you would have a solid defense against a child abandonment charge if you leave your child with the intention that the child will be safe and well cared for, or if you left the child with an appropriate, responsible adult. It would also be a defense if you left the child on their own, but you notified an appropriate person where the child is. An alternative defense would be if the child is younger than 30 days old.

The Sentence

Since it is a class E felony, if you are convicted of abandonment of a child, the judge could sentence you to a prison term of up to 4 years, a probation term of 5 years, and the payment of a fine.



Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


85 Broad St 30th Floor, New York, NY 10004


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions

Call Us