Bill Text: NY A01606 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of their employment.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to codes [A01606 Detail]

Download: New_York-2023-A01606-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1606

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the penal law, in relation to establishing the crime of
          forcible touching of a correction officer, and  to  increase  criminal
          penalties  for  certain  sexual  offenses committed against correction
          officers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The penal law is amended by adding a new section 130.52-a
     2  to read as follows:
     3  § 130.52-a Forcible touching of a correction officer.
     4    A person is guilty of forcible touching of a correction  officer  when
     5  such  person  intentionally,  and  for  no  legitimate purpose, forcibly
     6  touches the sexual or other intimate parts of a correction  officer  for
     7  the  purpose of degrading or abusing such officer, or for the purpose of
     8  gratifying the actor's sexual desire, when such  correction  officer  is
     9  acting in the course of their employment.
    10    For  the  purposes of this section, forcible touching includes squeez-
    11  ing, grabbing or pinching.
    12    Forcible touching of a correction officer is a class E felony.
    13    § 2. Section 130.20 of the penal law, as amended by chapter 1  of  the
    14  laws  of  2000,  subdivision  2 as amended by chapter 264 of the laws of
    15  2003, is amended to read as follows:
    16  § 130.20 Sexual misconduct.
    17    A person is guilty of sexual misconduct when:
    18    1. He or she engages in sexual intercourse with another person without
    19  such person's consent; or
    20    2. He or she engages in oral sexual conduct  or  anal  sexual  conduct
    21  with another person without such person's consent; or
    22    3.  He or she engages in sexual conduct with an animal or a dead human
    23  body.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01241-01-3

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     1    Sexual misconduct is a class A misdemeanor,  provided,  however,  that
     2  when  a person is guilty of sexual misconduct against a correction offi-
     3  cer when such correction officer  is  acting  in  the  course  of  their
     4  employment, sexual misconduct is a class E felony.
     5    §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
     6  laws of 2000, is amended to read as follows:
     7  § 130.25 Rape in the third degree.
     8    A person is guilty of rape in the third degree when:
     9    1. He or she engages in sexual intercourse with another person who  is
    10  incapable of consent by reason of some factor other than being less than
    11  seventeen years old;
    12    2.  Being  twenty-one  years  old or more, he or she engages in sexual
    13  intercourse with another person less than seventeen years old; or
    14    3. He or she engages in sexual intercourse with another person without
    15  such person's consent where such lack of consent is by  reason  of  some
    16  factor other than incapacity to consent.
    17    Rape  in the third degree is a class E felony, provided, however, that
    18  when a person is guilty of rape in the third degree against a correction
    19  officer when such correction officer is acting in the  course  of  their
    20  employment, rape in the third degree is a class D felony.
    21    §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
    22  laws of 2000, is amended to read as follows:
    23  § 130.30 Rape in the second degree.
    24    A person is guilty of rape in the second degree when:
    25    1. being eighteen years old or more,  he  or  she  engages  in  sexual
    26  intercourse with another person less than fifteen years old; or
    27    2.  he or she engages in sexual intercourse with another person who is
    28  incapable of consent by reason of being mentally  disabled  or  mentally
    29  incapacitated.
    30    It  shall be an affirmative defense to the crime of rape in the second
    31  degree as defined in subdivision one of this section that the  defendant
    32  was less than four years older than the victim at the time of the act.
    33    Rape in the second degree is a class D felony, provided, however, that
    34  when  a  person  is  guilty  of  rape  in  the  second  degree against a
    35  correction officer when such correction officer is acting in the  course
    36  of their employment, rape in the second degree is a class C felony.
    37    §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
    38  laws of 2000, is amended to read as follows:
    39  § 130.35 Rape in the first degree.
    40    A person is guilty of rape in the first degree when he or she  engages
    41  in sexual intercourse with another person:
    42    1. By forcible compulsion; or
    43    2. Who is incapable of consent by reason of being physically helpless;
    44  or
    45    3. Who is less than eleven years old; or
    46    4. Who is less than thirteen years old and the actor is eighteen years
    47  old or more.
    48    Rape  in the first degree is a class B felony, provided, however, that
    49  when a person is guilty of rape in the first degree against a correction
    50  officer when such correction officer is acting in the  course  of  their
    51  employment, rape in the first degree is a class A-II felony.
    52    § 6. Section 130.40 of the penal law, as amended by chapter 264 of the
    53  laws of 2003, is amended to read as follows:
    54  § 130.40 Criminal sexual act in the third degree.
    55    A person is guilty of criminal sexual act in the third degree when:

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     1    1.  He  or  she  engages in oral sexual conduct or anal sexual conduct
     2  with a person who is incapable of consent by reason of some factor other
     3  than being less than seventeen years old;
     4    2. Being twenty-one years old or more, he or she engages in oral sexu-
     5  al  conduct  or  anal  sexual  conduct with a person less than seventeen
     6  years old; or
     7    3. He or she engages in oral sexual conduct  or  anal  sexual  conduct
     8  with  another  person  without  such person's consent where such lack of
     9  consent is by reason of some factor other than incapacity to consent.
    10    Criminal sexual act in the third degree is a class E felony, provided,
    11  however, that when a person is guilty of  criminal  sexual  act  in  the
    12  third  degree  against a correction officer when such correction officer
    13  is acting in the course of their employment, criminal sexual act in  the
    14  third degree is a class D felony.
    15    § 7. Section 130.45 of the penal law, as amended by chapter 264 of the
    16  laws of 2003, is amended to read as follows:
    17  § 130.45 Criminal sexual act in the second degree.
    18    A person is guilty of criminal sexual act in the second degree when:
    19    1.  being eighteen years old or more, he or she engages in oral sexual
    20  conduct or anal sexual conduct with another  person  less  than  fifteen
    21  years old; or
    22    2.  he  or  she  engages in oral sexual conduct or anal sexual conduct
    23  with another person who is incapable  of  consent  by  reason  of  being
    24  mentally disabled or mentally incapacitated.
    25    It shall be an affirmative defense to the crime of criminal sexual act
    26  in  the second degree as defined in subdivision one of this section that
    27  the defendant was less than four years older than the victim at the time
    28  of the act.
    29    Criminal sexual act  in  the  second  degree  is  a  class  D  felony,
    30  provided,  however,  that when a person is guilty of criminal sexual act
    31  in the second degree against a correction officer when  such  correction
    32  officer is acting in the course of their employment, criminal sexual act
    33  in the second degree is a class C felony.
    34    § 8. Section 130.50 of the penal law, as amended by chapter 264 of the
    35  laws of 2003, is amended to read as follows:
    36  § 130.50 Criminal sexual act in the first degree.
    37    A  person is guilty of criminal sexual act in the first degree when he
    38  or she engages in oral sexual conduct or anal sexual conduct with anoth-
    39  er person:
    40    1. By forcible compulsion; or
    41    2. Who is incapable of consent by reason of being physically helpless;
    42  or
    43    3. Who is less than eleven years old; or
    44    4. Who is less than thirteen years old and the actor is eighteen years
    45  old or more.
    46    Criminal sexual act in the first degree is a class B felony, provided,
    47  however, that when a person is guilty of  criminal  sexual  act  in  the
    48  first  degree  against a correction officer when such correction officer
    49  is acting in the course of their employment, criminal sexual act in  the
    50  first degree is a class A-II felony.
    51    § 9. Section 130.53 of the penal law, as amended by chapter 192 of the
    52  laws of 2014, is amended to read as follows:
    53  § 130.53 Persistent sexual abuse.
    54    A  person  is guilty of persistent sexual abuse when he or she commits
    55  the crime of forcible touching, as defined in  section  130.52  of  this
    56  article,  sexual abuse in the third degree, as defined in section 130.55

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     1  of this article, or sexual abuse in the second  degree,  as  defined  in
     2  section  130.60 of this article, and, within the previous ten year peri-
     3  od, excluding any time during which such person was incarcerated for any
     4  reason, has been convicted two or more times, in separate criminal tran-
     5  sactions for which sentence was imposed on separate occasions, of forci-
     6  ble touching, as defined in section 130.52 of this article, sexual abuse
     7  in the third degree, as defined in section 130.55 of this article, sexu-
     8  al  abuse  in  the  second  degree, as defined in section 130.60 of this
     9  article, or any offense defined in this article, of which the commission
    10  or attempted commission thereof is a felony.
    11    Persistent sexual abuse is a class E felony, provided,  however,  that
    12  when  a person is guilty of persistent sexual abuse against a correction
    13  officer when such correction officer is acting in the  course  of  their
    14  employment, persistent sexual abuse is a class D felony.
    15    §  10. Section 130.55 of the penal law, as amended by chapter 1 of the
    16  laws of 2000, is amended to read as follows:
    17  § 130.55 Sexual abuse in the third degree.
    18    A person is guilty of sexual abuse in the third degree when he or  she
    19  subjects  another person to sexual contact without the latter's consent;
    20  except that in any prosecution under this section, it is an  affirmative
    21  defense  that  (a) such other person's lack of consent was due solely to
    22  incapacity to consent by reason of being less than seventeen years  old,
    23  and  (b) such other person was more than fourteen years old, and (c) the
    24  defendant was less than five years older than such other person.
    25    Sexual abuse in the third degree is a class B  misdemeanor,  provided,
    26  however,  that  when  a  person  is  guilty of sexual abuse in the third
    27  degree against a correction officer  when  such  correction  officer  is
    28  acting  in  the  course  of  their employment, sexual abuse in the third
    29  degree is a class A misdemeanor.
    30    § 11. Section 130.60 of the penal law, as amended by chapter 1 of  the
    31  laws of 2000, is amended to read as follows:
    32  § 130.60 Sexual abuse in the second degree.
    33    A person is guilty of sexual abuse in the second degree when he or she
    34  subjects another person to sexual contact and when such other person is:
    35    1. Incapable of consent by reason of some factor other than being less
    36  than seventeen years old; or
    37    2. Less than fourteen years old.
    38    Sexual  abuse in the second degree is a class A misdemeanor, provided,
    39  however, that when a person is guilty of  sexual  abuse  in  the  second
    40  degree  against  a  correction  officer  when such correction officer is
    41  acting in the course of their employment, sexual  abuse  in  the  second
    42  degree is a class E felony.
    43    § 12. Section 130.65 of the penal law, as amended by chapter 26 of the
    44  laws of 2011, is amended to read as follows:
    45  § 130.65 Sexual abuse in the first degree.
    46    A  person is guilty of sexual abuse in the first degree when he or she
    47  subjects another person to sexual contact:
    48    1. By forcible compulsion; or
    49    2. When the other person is incapable of consent by  reason  of  being
    50  physically helpless; or
    51    3. When the other person is less than eleven years old; or
    52    4. When the other person is less than thirteen years old and the actor
    53  is twenty-one years old or older.
    54    Sexual abuse in the first degree is a class D felony, provided, howev-
    55  er,  that  when  a  person is guilty of sexual abuse in the first degree
    56  against a correction officer when such correction officer is  acting  in

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     1  the  course  of  their employment, sexual abuse in the first degree is a
     2  class C felony.
     3    §  13. Section 130.65-a of the penal law, as added by chapter 1 of the
     4  laws of 2000, subdivision 1 as amended by chapter 485  of  the  laws  of
     5  2009, is amended to read as follows:
     6  § 130.65-a Aggravated sexual abuse in the fourth degree.
     7    1.  A person is guilty of aggravated sexual abuse in the fourth degree
     8  when:
     9    (a) He or she inserts a foreign object in the vagina, urethra,  penis,
    10  rectum  or  anus  of another person and the other person is incapable of
    11  consent by reason of some factor other than being  less  than  seventeen
    12  years old; or
    13    (b)  He  or she inserts a finger in the vagina, urethra, penis, rectum
    14  or anus of another person causing physical injury  to  such  person  and
    15  such  person is incapable of consent by reason of some factor other than
    16  being less than seventeen years old.
    17    2. Conduct performed for a valid medical purpose does not violate  the
    18  provisions of this section.
    19    Aggravated  sexual  abuse  in  the  fourth degree is a class E felony,
    20  provided, however, that when a person is  guilty  of  aggravated  sexual
    21  abuse  in  the  fourth  degree  against  a  correction officer when such
    22  correction officer is acting in the course of their  employment,  aggra-
    23  vated sexual abuse in the fourth degree is a class D felony.
    24    §  14. Section 130.66 of the penal law, as added by chapter 181 of the
    25  laws of 1996, subdivision 1 as amended by chapter 647  of  the  laws  of
    26  2022,  subdivision  2 as amended by chapter 485 of the laws of 2009, and
    27  subdivision 3 as renumbered by chapter 1 of the laws of 2000, is amended
    28  to read as follows:
    29  § 130.66 Aggravated sexual abuse in the third degree.
    30    1. A person is guilty of aggravated sexual abuse in the  third  degree
    31  when  he  or  she  inserts  a  foreign object or a finger in the vagina,
    32  urethra, penis, rectum or anus of another person:
    33    (a) By forcible compulsion; or
    34    (b) When the other person is incapable of consent by reason  of  being
    35  physically helpless;
    36    (c) When the other person is less than eleven years old; or
    37    (d)  When  the  other  person  is less than thirteen years old and the
    38  actor is eighteen years of age or older.
    39    2. A person is guilty of aggravated sexual abuse in the  third  degree
    40  when  he  or she inserts a foreign object in the vagina, urethra, penis,
    41  rectum or anus of another person causing physical injury to such  person
    42  and  such  person  is  incapable  of consent by reason of being mentally
    43  disabled or mentally incapacitated.
    44    3. Conduct performed for a valid medical purpose does not violate  the
    45  provisions of this section.
    46    Aggravated  sexual  abuse  in  the  third  degree is a class D felony,
    47  provided, however, that when a person is  guilty  of  aggravated  sexual
    48  abuse  in  the  third  degree  against  a  correction  officer when such
    49  correction officer is acting in the course of their  employment,  aggra-
    50  vated sexual abuse in the third degree is a class C felony.
    51    §  15. Section 130.67 of the penal law, as added by chapter 450 of the
    52  laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
    53  ter 485 of the laws of 2009, is amended to read as follows:
    54  § 130.67 Aggravated sexual abuse in the second degree.

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     1    1. A person is guilty of aggravated sexual abuse in the second  degree
     2  when he or she inserts a finger in the vagina, urethra, penis, rectum or
     3  anus of another person causing physical injury to such person:
     4    (a) By forcible compulsion; or
     5    (b) When the other  person  is incapable of consent by reason of being
     6  physically helpless; or
     7    (c) When the other person is less than eleven years old.
     8    2. Conduct performed for a valid medical purpose does not violate  the
     9  provisions of this section.
    10    Aggravated  sexual  abuse  in  the  second degree is a class C felony,
    11  provided, however, that when a person is  guilty  of  aggravated  sexual
    12  abuse  in  the  second  degree  against  a  correction officer when such
    13  correction officer is acting in the course of their  employment,  aggra-
    14  vated sexual abuse in the second degree is a class B felony.
    15    §  16.  Section  130.70 of the penal law, as amended by chapter 450 of
    16  the laws of 1988, the opening paragraph of subdivision 1 as  amended  by
    17  chapter 485 of the laws of 2009, is amended to read as follows:
    18  § 130.70 Aggravated sexual abuse in the first degree.
    19    1.  A  person is guilty of aggravated sexual abuse in the first degree
    20  when he or she inserts a foreign object in the vagina,  urethra,  penis,
    21  rectum or anus of another person causing physical injury to such person:
    22    (a) By forcible compulsion; or
    23    (b) When the other  person  is incapable of consent by reason of being
    24  physically helpless; or
    25    (c) When the other person is less than eleven years old.
    26    2. Conduct performed for a valid medical purpose does not violate  the
    27  provisions of this section.
    28    Aggravated  sexual  abuse  in  the  first  degree is a class B felony,
    29  provided, however, that when a person is  guilty  of  aggravated  sexual
    30  abuse  in  the  first  degree  against  a  correction  officer when such
    31  correction officer is acting in the course of their  employment,  aggra-
    32  vated sexual abuse in the first degree is a class A-II felony.
    33    §  17. Section 130.85 of the penal law, as added by chapter 618 of the
    34  laws of 1997, is amended to read as follows:
    35  § 130.85 Female genital mutilation.
    36    1. A person is guilty of female genital mutilation when:
    37    (a) a person knowingly circumcises, excises, or infibulates the  whole
    38  or  any  part of the labia majora or labia minora or clitoris of another
    39  person who has not reached eighteen years of age; or
    40    (b) being a parent, guardian or other person legally  responsible  and
    41  charged  with  the  care  or custody of a child less than eighteen years
    42  old, he or she knowingly consents to the circumcision, excision or infi-
    43  bulation of whole or part of such child's labia majora or  labia  minora
    44  or clitoris.
    45    2.  Such circumcision, excision, or infibulation is not a violation of
    46  this section if such act is:
    47    (a) necessary to the health of the person on whom it is performed, and
    48  is performed by a person licensed in the place of its performance  as  a
    49  medical practitioner; or
    50    (b)  performed on a person in labor or who has just given birth and is
    51  performed for medical purposes connected with that labor or birth  by  a
    52  person  licensed in the place it is performed as a medical practitioner,
    53  midwife, or person in training to become such a practitioner or midwife.
    54    3. For the purposes of  paragraph  (a)  of  subdivision  two  of  this
    55  section,  no  account shall be taken of the effect on the person on whom
    56  such procedure is to be performed of any belief on the part of  that  or

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     1  any  other  person that such procedure is required as a matter of custom
     2  or ritual.
     3    Female genital mutilation is a class E felony, provided, however, that
     4  when  a  person  is  guilty  of  female  genital  mutilation  against  a
     5  correction officer when such correction officer is acting in the  course
     6  of their employment, female genital mutilation is a class D felony.
     7    §  18.  Section  130.90 of the penal law, as added by chapter 1 of the
     8  laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws
     9  of 2003, is amended to read as follows:
    10  § 130.90 Facilitating a sex offense with a controlled substance.
    11    A person is guilty of facilitating a sex  offense  with  a  controlled
    12  substance when he or she:
    13    1.  knowingly  and  unlawfully possesses a controlled substance or any
    14  preparation, compound, mixture or substance that requires a prescription
    15  to obtain and  administers  such  substance  or  preparation,  compound,
    16  mixture  or  substance that requires a prescription to obtain to another
    17  person without such person's consent and with intent to  commit  against
    18  such person conduct constituting a felony defined in this article; and
    19    2.  commits  or  attempts to commit such conduct constituting a felony
    20  defined in this article.
    21    Facilitating a sex offense with a controlled substance is  a  class  D
    22  felony,  provided, however, that when a person is guilty of facilitating
    23  a sex offense with a controlled substance against a  correction  officer
    24  when  such  correction  officer is acting in the course of their employ-
    25  ment, facilitating a sex offense with a controlled substance is a  class
    26  C felony.
    27    §  19. Section 130.95 of the penal law, as added by chapter 107 of the
    28  laws of 2006, is amended to read as follows:
    29  § 130.95 Predatory sexual assault.
    30    A person is guilty of predatory sexual assault when he or she  commits
    31  the  crime of rape in the first degree, criminal sexual act in the first
    32  degree, aggravated sexual abuse in the first degree, or course of sexual
    33  conduct against a child in the first degree, as defined in this article,
    34  and when:
    35    1. In the course of the commission  of  the  crime  or  the  immediate
    36  flight therefrom, he or she:
    37    (a) Causes serious physical injury to the victim of such crime; or
    38    (b) Uses or threatens the immediate use of a dangerous instrument; or
    39    2.  He or she has engaged in conduct constituting the crime of rape in
    40  the first degree, criminal sexual act in the  first  degree,  aggravated
    41  sexual  abuse in the first degree, or course of sexual conduct against a
    42  child in the first degree, as defined in this article,  against  one  or
    43  more additional persons; or
    44    3. He or she has previously been subjected to a conviction for a felo-
    45  ny  defined in this article, incest as defined in section 255.25 of this
    46  [chapter] part or use of a child in a sexual performance as  defined  in
    47  section 263.05 of this [chapter] part.
    48    Predatory  sexual  assault  is a class A-II felony, provided, however,
    49  that when a person is guilty  of  predatory  sexual  assault  against  a
    50  correction  officer when such correction officer is acting in the course
    51  of their employment, predatory sexual assault is a class A-I felony.
    52    § 20. This act shall take effect immediately.
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