or a hospital,13 and the actor is an employee14 who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital.15 or committed to the care and custody of a local correctional facility,16 and the actor is an employee,17 not married to such person,18 who knows or reasonably should know that such person is committed to the care and custody of such facility.19 or committed to or placed with the office of children and family services and in residential care, and the actor is an If in issue, the definition of is set forth in Correction Law “hospital” 13 § 400 (2). If in issue, the definition of is set forth in Penal Law § “employee” 14 130.05 (3) (e). Penal Law § 130.05 (3) (e). 15 If in issue, the definition of correctional is set forth in “local facility” 16 Correction Law § 40 (2). If in issue, the definition of is set forth in Penal Law § “employee” 17 130.05 (3) (f). If in issue, the definition of is set forth in Penal Law § “married” 18 130.00 (4). Penal Law § 130.05 (3) (f). 19 4
or a hospital,13 and the actor is an employee14 who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital.15 or committed to the care and custody of a local correctional facility,16 and the actor is an employee,17 not married to such person,18 who knows or reasonably should know that such person is committed to the care and custody of such facility.19 or committed to or placed with the office of children and family services and in residential care, and the actor is an 13 If in issue, the definition of “hospital” is set forth in Correction Law § 400 (2). 14 If in issue, the definition of “employee” is set forth in Penal Law § 130.05 (3) (e). 15 Penal Law § 130.05 (3) (e). 16 If in issue, the definition of “local correctional facility” is set forth in Correction Law § 40 (2). 17 If in issue, the definition of “employee” is set forth in Penal Law § 130.05 (3) (f). 18 If in issue, the definition of “married” is set forth in Penal Law § 130.00 (4). 19 Penal Law § 130.05 (3) (f). 4
130.20(2).OSI-Incapacity.docx