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. LBD01241-01-3A. 1606 2 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:A. 1606 3 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 130.55A. 1606 4 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 inA. 1606 5 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.A. 1606 6 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 orA. 1606 7 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.
