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Two Upstate Republicans are calling for an increase in maximum prison time for those found guilty of criminally negligent homicide of a child to 20 years to life.
Sen. Jim Tedisco, R-Ballston Lake and Assemblyman Matt Simpson, R-Adirondack, are sponsoring "Joycelynn's Law" in the state Legislature, with Simpson's version (A.11664) introduced recently. Tedisco's Senate version will be introduced soon. Currently, criminally negligent homicide is a Class E felony carrying a maximum sentence of 1 and 1/3 to 4 years in prison. There is no specific statutory hybrid crime called “aggravated endangering the welfare of a child resulting in death” that elevates the endangerment charge itself into a higher-level homicide.
“Joycelynn’s Law” would raise the penalty for criminally negligent homicide resulting in the death of a child from a Class E felony to a Class A-1 felony, carrying a maximum prison sentence of 25 years to life. It also makes aggravated endangering the welfare of a child not resulting in a child’s death a Class C felony which would
carry a maximum prison sentence of five to 15 years.
The legislation comes after the sentencing of a Corinth, N.Y., couple for criminally negligent homicide in the February 2025 death of their 3-year-old daughter, Joycelynn. Both received the maximum sentence of 1 and 1/3 to 4 years in state prison. "Joycelynn's Law" would raise the penalty for criminally negligent homicide of a child from a Class E felony to a Class A felony.
"No child should ever suffer the kind of prolonged neglect and unimaginable harm that little Joycelynn Dylewski endured. I commend Saratoga County District Attorney Brett Eby for delivering the fullest extent of justice our law allows but it is not enough. The heartbreaking circumstances of this case reveal a devastating failure that current law simply does not address with sufficient gravity," Simpson said. "By raising the maximum penalty for criminally negligent homicide of a child to 20 years to life, we send an unmistakable message: those who betray their most basic duty to protect a vulnerable child will face consequences that match the severity of their actions. This legislation is essential not only to deliver real justice for Joycelynn, but to deter future tragedies and ensure our laws better safeguard every child across New York State. Our youngest and most vulnerable deserve far stronger protections, and we must demand stronger accountability for those who fail them so profoundly."
The Saratoga County Sheriff's Office ruled Joycelynn's death a homicide due to complications of "acute and chronic neglect" describing the girl as having matted hair and living in unclean conditions. The judge in the case described the conditions Samantha was living in as "deplorable and unsuitable for any child to be living in."
Joycelynn had a severe lice infestation that lasted weeks, possibly months with no medical care, which developed into anemia. Her teeth were rotten and black, and she had received no medical care in 10 months. The prescription medication Clonidine was found in her system and given to her without a prescription.
The legislation also creates a charge of aggravated endangering the welfare of a child resulting in death that would apply when a parent or other person responsible for the care of another person under 17 years of age commits an act found to satisfy the charge of aggravated endangering the welfare of a child, but the incident results in the death of a child under the age of 17. Aggravated endangering the welfare of a child resulting in death is a Class A-I felony. In New York, a Class A-1 felony carries a mandatory indeterminate sentence with a maximum term of life imprisonment and a minimum term ranging from 15 to 25 years.
"Joycelynn Dylewski deserved a happy childhood and to grow up and reach her full potential in a loving home. What she endured as a three-year-old child at the hands of her parents is sickening and unimaginable. This was premeditated criminal neglect of a child," Tedisco said. "Her death wasn't caused by a fit of anger and one or two violent acts toward Joycelynn but in premeditated actions over a period of time! Even to the extent that her cries of pain and anguish were silenced by an illicit drug. Saratoga County District Attorney Brett Eby prosecuted Joycelynn's parents to the full extent of the law and got the maximum sentence that's currently available to judges.'Joycelynn's Law' named in Joycelynn Dylewski's memory, would change the law so those convicted of criminally negligent homicide of a child get real prison time of 20 years to life instead of the current maximum of 1 and 1/3 to 4 years, so the sentence reflects the severity of the crime. The sentence these individuals got under the current law is not justice for Joycelynn. A modicum of justice would be to strengthen the law and send perpetrators of these crimes to prison for 20 years to life."