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NY Penal Law § 265.26: Burn injury and wounds to be reported

June 25, 2020 Federal Criminal Attorneys

NY Penal Law § 265.26: Burn injury and wounds to be reported

In an effort to apprehend individuals who are responsible for causing injury by using a dangerous weapon, the law requires that certain medical professionals report injuries that were likely to have been caused by a dangerous weapon. it is a crime under New York Penal Code § 265.26 to neglect or refuse to report certain types of burn related injuries and wounds to the police. The injuries in this statute include:

 

  1. second or third degree burns covering 5% or more of the body
  2. burns found on the upper respiratory tract
  3. laryngeal edema as a result of the inhalation of superheated air
  4. burns or wounds that have the potential to result in death

 

The physician treating such a wound or the manager of the medical facility has the obligation of reporting such injuries to the Office of Fire Prevention and Control within 72 hours.

 

For Example

An ambulance rushes a man to a hospital emergency room.  The man is suffering severe burns to his hands and arms. The man’s friends explain to hospital staff that a firecracker exploded in the man’s hands. Due to the severity of the man’s burns and injuries, if the attending physician neglects to report the injured man to the Office of Fire Prevention and Control, that doctor could come under prosecution for failing to follow the requirements of burn injury and wounds to be reported.

 

Offenses that are Related

Certain wounds to be reported: New York Penal Code § 265.25

 

Sentence

Due to the fact that the charge of burn injury and wounds to be reported is categorized as a class A misdemeanor, if you are convicted, you could be sentenced to up to 1 year in jail. It is also possible that the judge will choose to not send you to jail, or only send you to jail for a short term, and instead sentence you to a probation term of 3 years.

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