Bill Text: NY A07079 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 7079 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Expands the definition of the offense of sexual conduct against a child in the third degree to include at least one act of specified types of sexual contact.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2022-11-23 - signed chap.647 [A07079 Detail]

Download: New_York-2021-A07079-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         7079--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 21, 2021
                                       ___________

        Introduced  by  M.  of  A. BURDICK, THIELE, DICKENS, GUNTHER, FERNANDEZ,
          OTIS, CLARK, JACKSON, GONZALEZ-ROJAS, KELLES, EPSTEIN -- read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Codes in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the penal law, in relation to sexual conduct against a
          child in the second degree

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

     1    Section 1. Section 130.80 of the penal law, as amended by chapter 1 of
     2  the laws of 2000, is amended to read as follows:
     3  § 130.80 Course of sexual conduct against a child in the second degree.
     4    1.  A  person is guilty of course of sexual conduct against a child in
     5  the second degree when, over a period of time not less than three months
     6  in duration:
     7    (a) he or she engages in two or more acts  of  sexual  conduct,  which
     8  includes  at  least  one act of sexual intercourse, oral sexual conduct,
     9  anal sexual conduct, inserting a finger in the vagina,  urethra,  penis,
    10  rectum  or  anus  or  aggravated  sexual contact, with a child less than
    11  eleven years old; or
    12    (b) he or she, being eighteen years old or more,  engages  in  two  or
    13  more  acts  of sexual conduct, which includes at least one act of sexual
    14  intercourse, oral sexual  conduct,  anal  sexual  conduct,  inserting  a
    15  finger in the vagina, urethra, penis, rectum or anus or aggravated sexu-
    16  al contact, with a child less than thirteen years old.
    17    2.  A  person  may not be subsequently prosecuted for any other sexual
    18  offense involving the same  victim  unless  the  other  charged  offense
    19  occurred outside the time period charged under this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10674-06-2

        A. 7079--B                          2

     1    Course  of  sexual  conduct  against a child in the second degree is a
     2  class D felony.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.