New York S07352 amends the penal law to make inability to pay child support an affirmative defense, not an element, in non-support of child offenses.

New York S07352 amends the penal law to change the legal framework around non-support of child offenses. Specifically, it makes the inability to pay child support an affirmative defense rather than an element of such offenses. This means that in prosecutions for non-support of a child, defendants can argue they are unable to provide support as a defense. However, this defense does not apply if the defendant becomes unable to provide support due to voluntary actions like terminating employment or reducing earning capacity.

New York S07352 amends the penal law to make inability to pay child support an affirmative defense, not an element, in non-support of child offenses.

New York S07352 amends the penal law to change the legal framework around non-support of child offenses. Specifically, it makes the inability to pay child support an affirmative defense rather than an element of such offenses. This means that in prosecutions for non-support of a child, defendants can argue they are unable to provide support as a defense. However, this defense does not apply if the defendant becomes unable to provide support due to voluntary actions like terminating employment or reducing earning capacity.