NY A05295

Removes the requirement that prosecutors prove a defendant was "able to do so" to support a child in non-support of a child cases under Penal Law §260.05 (second degree) and §260.06 (first degree).

Makes inability to provide support an affirmative defense that the defendant must prove, rather than an element of the offense that the prosecution must prove.

Provides an exception that inability to pay is not a defense when the defendant voluntarily terminated employment, voluntarily reduced earning capacity, or failed to diligently seek employment while employable.

Applies to both second degree non-support (Class A misdemeanor) and first degree non-support (Class E felony) offenses.

Takes effect November 1 following enactment.