Bill > A05579

This bill creates a new legal framework for addressing domestic violence committed in the presence of children by establishing an automatic Class E felony for specified offenses against a family or household member when a child aged 15 or younger is present. The bill defines a broad range of "specified offenses" that include various types of assault, sexual crimes, stalking, menacing, and other violent or threatening behaviors. A "member of the same family or household" is comprehensively defined to include related persons, married or formerly married couples, people with a child in common, and unrelated individuals who live or have lived together continuously or regularly. Under this legislation, if a person commits one of these specified offenses in the presence of a child, they will be charged with an additional Class E felony, and the sentence for this new offense must be served consecutively with the sentence for the underlying offense. This means the perpetrator will face additional legal consequences beyond the original crime, with the presence of a child serving as an aggravating factor that increases the severity of the punishment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5579