S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N S E N A T E
April 1, 2009
Introduced by Sens. FLANAGAN, O. JOHNSON, LAVALLE, MORAHAN, PADAVAN,
SALAND, SEWARD, WINNER -- 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 changing the age of the
victim intended for a specific crime of assault
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.12 of the penal law, as added by chapter 477 of
the laws of 1990, is amended to read as follows:
S 120.12 Aggravated assault upon a person less than [eleven] FOURTEEN
A person is guilty of aggravated assault upon a person less than
[eleven] FOURTEEN years old when being eighteen years old or more the
defendant commits the crime of assault in the third degree as defined in
section 120.00 of this article upon a person less than [eleven] FOURTEEN
years old and has been previously convicted of such crime, ASSAULT IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.05 OF THIS ARTICLE, OR
ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF THIS ARTICLE
upon a person less than [eleven] FOURTEEN years old within the preceding
[three] TEN years.
Aggravated assault upon a person less than [eleven] FOURTEEN years old
is a class E felony.
S 2. This act shall take effect on the first of November next succeed-
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.