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May 6, 2017

New York Penal Law 260.34: Misrepresentation by a child day care provider

Ensuring the safety of children is extremely important and considered a significant issue in all areas of the country. In New York, there are many different laws in place that are designed to help protect children. One law that is in place in New York that helps to protect kids is misrepresentation by a child day care provider.

The crime of misrepresentation by a child day care provider essentially makes it illegal for a child day care provider to mislead or lie to any parent, social worker, police officer, or other interested party about the basic facts and qualifications of a child day care. Specifically, some of the facts that are included under the law include location of the child day care, number of children that will be served at one time, number of employees, and qualifications and licenses held by the facility and employees. Any other pertinent information could also fall under this crime.

Examples of the Crime
The crime of misrepresentation by a child day care provider has may examples. One example would be if a person was to open and operate a child day care facility. If an interested party comes to the facility and inquires about the day care service, being honest is a basic legal requirement. If the owner, or employee, knowingly lies about the facility’s license, number of children, location, or other facts, it would be considered a crime.

In some situations, misrepresentation by a child day care provider could be added to more serious crimes. Some related crimes that are often charged along with it include child endangerment and abuse.

Defense of the Crime
If you have been charged with misrepresentation by a child day care provider, it would be beneficial to reach out to a NYC criminal attorney to help with your defense. One of the most common ways to defend this crime is to claim that you were unaware that you were misrepresenting the child day care. It is plausible that you, or an employee of the facility, could have given incorrect information accidentally. Being convicted of the crime would require the prosecutor to prove that you knowingly misrepresented the facility, which can be challenging to do.

Penalties of the Crime
If you are convicted of misrepresentation by a child day care provider, there could be some minor charges. The crime is technically a Class A misdemeanor. This crime technically allows the judge to sentence you with a imprisonment of up to six months. However, in most cases, the charges and sentencing will be limited to probation and a fine. In some cases, you may also be prohibited from working with children for a period of time.

If misrepresentation by a child day care provider is just one of several crimes that you have been convicted of, the sentencing could be more severe. When coupled with endangerment or abuse charges, the total penalty could easily increase to over one year in jail.

In conclusion, the New York Penal Code has a range of penalties and crimes that are designed to protect kids. If you have been charged with misrepresentation by a child day care provider, it would be beneficial to contact a NYC criminal lawyer. The attorney will be able to help advise you on the situation, negotiate and plea with the prosecutor, and work to have the charges dismissed entirely.

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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

Phone

888-977-6335

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