Bill Text: NY S05876 | 2011-2012 | General Assembly | Amended

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Bill Title: Establishes the class E felony offense of forcible touching against a child who is under 13 years old.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S05876 Detail]

Download: New_York-2011-S05876-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 5876--A                                            A. 8558--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    August 29, 2011
                                      ___________
       IN  SENATE -- Introduced by Sens. GIANARIS, AVELLA, PARKER -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Rules -- committee discharged, bill amended, ordered  reprinted  as
         amended and recommitted to said committee
       IN  ASSEMBLY -- Introduced by M. of A. SIMOTAS -- read once and referred
         to the Committee on  Codes  --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to amend the penal law, in relation to establishing the offense
         of forcible touching against a child
         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 130.51 to
    2  read as follows:
    3  S 130.51 FORCIBLE TOUCHING AGAINST A CHILD.
    4    A PERSON IS GUILTY OF FORCIBLE TOUCHING  AGAINST  A  CHILD  WHEN  SUCH
    5  PERSON INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE, FORCIBLY TOUCHES:
    6    1.  THE  SEXUAL  OR OTHER INTIMATE PARTS OF A CHILD FOR THE PURPOSE OF
    7  DEGRADING OR ABUSING SUCH CHILD; OR FOR THE PURPOSE  OF  GRATIFYING  THE
    8  ACTOR'S  SEXUAL  DESIRE, AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD;
    9  OR
   10    2. ANY PART OF A CHILD FOR THE PURPOSE OF GRATIFYING THE ACTOR'S SEXU-
   11  AL DESIRE, AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD.
   12    FOR THE PURPOSES OF THIS SECTION, FORCIBLE TOUCHING INCLUDES,  BUT  IS
   13  NOT LIMITED TO SQUEEZING, GRABBING OR PINCHING.
   14    FORCIBLE TOUCHING AGAINST A CHILD IS A CLASS E FELONY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13372-03-1