Child abusers face stiffer penalties under state's Jay-J's Law

Repeat child abusers will face tougher penalties under a newly enacted state law recently signed by Gov. Andrew M. Cuomo.

Under Jay-J's Law -- named after a 2-year-old Buffalo area boy severely beaten by his father -- law enforcement officers can charge a suspected abuser with aggravated assault if the person has a prior child abuse-related conviction in the past 10 years. Previously, state law limited the review of a person's past abuse convictions to three years.

"Assaulting a child is a heinous crime that must be met with the strictest of punishments," Cuomo said in a statement. "By enacting Jay-J's Law, we are taking a step forward in safeguarding children across New York State, and immediately ensuring that repeat offenders are met with heightened penalties that match the seriousness of their actions."

Assault on a child younger than 11 years old is a misdemeanor crime punishable by up to a year in local jail. Under the new law, the charge could be elevated to felony aggravated assault if the abuser had a prior child abuse conviction. The upgraded felony charge would carry a maximum 4-year prison sentence.

The measure was sponsored by two upstate lawmakers -- state Sen. Timothy M. Kennedy (D-Cheektowaga) and Assemb. Dennis H. Gabryszak (D-Cheektowaga) -- in response to the repeated abuse sustained over 2011 by Jay-J Bolvin, which left the 2-year-old with 11 fractured bones and suffering from epileptic seizures.

The boy's father had been convicted of third-degree assault for beating another of his sons and breaking his arms, but because the conviction occurred outside the three-year review window, he was charged in Jay-J's case with a misdemeanor.

Kennedy, who first introduced the bill in 2011, called the new law "a critical step forward in the fight against child abuse."

Anthony Zenkus, director of education for the Bethpage-based Coalition Against Child Abuse and Neglect, said the "law is long overdue," but cautioned that Jay-J's story illustrates a systemic problem that allowed the boy to remain in the custody of a convicted abuser.

"It's great we have another tool for prosecutors to punish those who harm children the most," Zenkus said. "However, it's important to remember the law deals with abuse after it happened. Often there's a progression of abuse and neglect that happens before an assault like this, and often there are warning signs. The best way to protect children is to speak up on their behalf when you suspect abuse and neglect is going on."