Penal Law § 260.31 · Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons
Misrepresentation by a child day care provider
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
* § 260.31 Misrepresentation by a child day care provider.
A person is guilty of misrepresentation by a child day care provider when, being a child day care provider or holding himself or herself out as such, he or she makes any willful and intentional misrepresentation, by act or omission, to a parent or guardian of a child in the care of such provider (or a child whose prospective placement in such care is being considered by such parent or guardian) to any state or local official having jurisdiction over child day care providers, or to any police officer or peace officer as to the facts pertaining to such child day care provider, including, but not limited to: (i) the number of children in the facility or home where such number is in violation of the provisions of section three hundred ninety of the social services law, (ii) the area of the facility, home, or center used for child day care, or (iii) the credentials or qualifications of any child day care provider, assistant, employee, or volunteer. A misrepresentation subject to the provisions of this section must substantially place at risk the health or safety of a child in the care of a child day care provider.
Misrepresentation by a child day care provider is a class A misdemeanor.
* NB There are 2 § 260.31's
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN260.31%2A2
- Text hash
- sha256 b90a624af6b3f74f64451b9d30e3484cbf54d11d5742baf2011f7f81ea1795e1
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
- The Senate's note "There are 2 § 260.31's": the Legislature enacted more than one unit under that number; each is printed.
- The Legislature enacted more than one section numbered 260.31; this is number 2 as the Senate prints them.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.