NY S07352

Shifts the burden of proof in child non-support prosecutions by making inability to pay an affirmative defense that defendants must prove, rather than requiring prosecutors to prove the defendant was able to pay

Removes language from both second degree (Class A misdemeanor) and first degree (Class E felony) non-support statutes that required the person to be "able" to provide support as part of the offense definition

Preserves the exception that defendants cannot claim inability to pay as a defense if they voluntarily terminated employment, voluntarily reduced earning capacity, or failed to diligently seek employment while employable

Applies to non-support cases involving children under 16 (for those with care/custody) and under 18 (for those with court-ordered child support obligations)

Takes effect on the first of November following enactment