CJI2d[NY] Penal Law § 260.32(1)

The (specify) count is Endangering the Welfare of a Vulnerable Elderly Person, Or An Incompetent or Physically Disabled Person in the Second Degree.

Under our law, a person is guilty of Endangering the Welfare of a Vulnerable Elderly Person, Or An Incompetent or Physically Disabled Person in the Second Degree when, being a caregiver for

Select appropriate alternative(s):

a vulnerable elderly person

[or]

an incompetent or physically disabled person

with intent to cause physical injury to such person, he or she causes such injury to that person.

The following terms used in that definition have a special meaning:

[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.²]

[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.³]

CAREGIVER means a person who assumes responsibility for the care of a vulnerable elderly person, or an incompetent or physically disabled person pursuant to a court order or receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person.⁴

PHYSICAL INJURY means impairment of physical condition or substantial pain.⁵

INTENT means conscious objective or purpose. Thus, a person acts with intent to cause physical injury to another when that person's conscious objective or purpose is to cause physical injury to another.⁶

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following four elements:

1. That on or about (date), the defendant (defendant’s name) was a caregiver for (specify);

2. That, on or about that date, (specify) was:

Select appropriate alternative(s):

a vulnerable elderly person

[or]

an incompetent or physically disabled person;

3. That, on or about that date, in the county of (county), the defendant caused physical injury to (specify); and

4. That the defendant did so with the intent to cause physical injury to (specify).

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.