Bill Text: NY S02289 | 2013-2014 | General Assembly | Introduced
Bill Title: Expands the definitions of sexual contact, foreign object and aggravated sexual contact and further broadens the crimes of sexual abuse in the second degree and all degrees of aggravated sexual abuse to include the act of forced touching.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-23 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02289 Detail]
Download: New_York-2013-S02289-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2289
2013-2014 Regular Sessions
I N S E N A T E
January 15, 2013
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to expanding the definition
of sex offenses and making technical corrections to such provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 130.00 of the penal law, as
2 amended by chapter 193 of the laws of 2010, is amended to read as
3 follows:
4 3. "Sexual contact" means any touching of the sexual or other intimate
5 parts of a person for the purpose of gratifying sexual desire of either
6 party. It includes the touching of the actor by the victim, as well as
7 the touching of the victim by the actor AND THE TOUCHING OF THE VICTIM
8 BY HIMSELF OR HERSELF AT THE DIRECTION OF THE ACTOR, whether directly or
9 through clothing, as well as the emission of ejaculate, URINE OR FECES
10 by the actor upon any part of the victim, clothed or unclothed.
11 S 2. Section 130.60 of the penal law, as amended by chapter 1 of the
12 laws of 2000, is amended to read as follows:
13 S 130.60 Sexual abuse in the second degree.
14 A person is guilty of sexual abuse in the second degree when he or she
15 subjects another person to sexual contact and [when such other person
16 is]:
17 1. WHEN SUCH OTHER PERSON IS:
18 (A) Incapable of consent by reason of some factor other than being
19 less than seventeen years old; or
20 [2.] (B) Less than fourteen years old; OR
21 2. WHEN THE SEXUAL CONTACT CONSTITUTES THE EMISSION OF EJACULATE,
22 URINE OR FECES BY THE ACTOR UPON ANY PART OF THE VICTIM, CLOTHED OR
23 UNCLOTHED, AND SUCH CONTACT OCCURS WITHOUT THE CONSENT OF THE VICTIM.
24 Sexual abuse in the second degree is a class A misdemeanor.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04905-01-3
S. 2289 2
1 S 3. Section 130.65-a of the penal law, as added by chapter 1 of the
2 laws of 2000 and subdivision 1 as amended by chapter 485 of the laws of
3 2009, is amended to read as follows:
4 S 130.65-a Aggravated sexual abuse in the fourth degree.
5 1. A person is guilty of aggravated sexual abuse in the fourth degree
6 when:
7 (a) He or she inserts, OR CAUSES TO BE INSERTED, a foreign object in
8 the vagina, urethra, penis, rectum or anus of another person and the
9 other person is incapable of consent by reason of some factor other than
10 being less than seventeen years old; or
11 (b) He or she inserts, OR CAUSES TO BE INSERTED, a finger in the vagi-
12 na, urethra, penis, rectum or anus of another person causing physical
13 injury to such person and such person is incapable of consent by reason
14 of some factor other than being less than seventeen years old.
15 2. Conduct performed for a valid medical purpose does not violate the
16 provisions of this section.
17 Aggravated sexual abuse in the fourth degree is a class E felony.
18 S 4. Section 130.66 of the penal law, as added by chapter 181 of the
19 laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
20 of 2009 and subdivision 3 as renumbered by chapter 1 of the laws of
21 2000, is amended to read as follows:
22 S 130.66 Aggravated sexual abuse in the third degree.
23 1. A person is guilty of aggravated sexual abuse in the third degree
24 when he or she inserts, OR CAUSES TO BE INSERTED, a foreign object in
25 the vagina, urethra, penis, rectum or anus of another person:
26 (a) By forcible compulsion; or
27 (b) When the other person is incapable of consent by reason of being
28 physically helpless; or
29 (c) When the other person is less than eleven years old.
30 2. A person is guilty of aggravated sexual abuse in the third degree
31 when he or she inserts, OR CAUSES TO BE INSERTED, a foreign object in
32 the vagina, urethra, penis, rectum or anus of another person causing
33 physical injury to such person and such person is incapable of consent
34 by reason of being mentally disabled or mentally incapacitated.
35 3. Conduct performed for a valid medical purpose does not violate the
36 provisions of this section.
37 Aggravated sexual abuse in the third degree is a class D felony.
38 S 5. The opening paragraph of subdivision 1 of section 130.67 of the
39 penal law, as amended by chapter 485 of the laws of 2009, is amended to
40 read as follows:
41 A person is guilty of aggravated sexual abuse in the second degree
42 when he or she inserts, OR CAUSES TO BE INSERTED, a finger in the vagi-
43 na, urethra, penis, rectum or anus of another person causing physical
44 injury to such person:
45 S 6. The opening paragraph of subdivision 1 of section 130.70 of the
46 penal law, as amended by chapter 485 of the laws of 2009, is amended to
47 read as follows:
48 A person is guilty of aggravated sexual abuse in the first degree when
49 he or she inserts, OR CAUSES TO BE INSERTED, a foreign object in the
50 vagina, urethra, penis, rectum or anus of another person causing phys-
51 ical injury to such person:
52 S 7. Subdivision 2 of section 260.31 of the penal law, as amended by
53 chapter 193 of the laws of 2010, is amended to read as follows:
54 2. "Sexual contact" means any touching of the sexual or other intimate
55 parts of a person for the purpose of gratifying sexual desire of either
56 party. It includes the touching of the actor by the victim, AND THE
S. 2289 3
1 TOUCHING OF THE VICTIM BY HIMSELF OR HERSELF AT THE DIRECTION OF THE
2 ACTOR, as well as the touching of the victim by the actor, whether
3 directly or through clothing, as well as the emission of ejaculate,
4 URINE OR FECES by the actor upon any part of the victim, clothed or
5 unclothed.
6 S 8. This act shall take effect on the ninetieth day after it shall
7 have become a law.
