Assembly Bill A788

Signed By Governor
2011-2012 Legislative Session

Relates to the offense of sexual abuse in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1882 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A788 (ACTIVE) - Details

See Senate Version of this Bill:
S1882
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A1067, S1989

2011-A788 (ACTIVE) - Summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

2011-A788 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   788

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. DESTITO, BENEDETTO, CUSICK, GALEF, GABRYSZAK,
  HOOPER, LAVINE, MAISEL, PAULIN, PHEFFER, TITONE,  WEISENBERG,  SCHROE-
  DER,  SPANO,  SCARBOROUGH  --  Multi-Sponsored  by -- M. of A. ABBATE,
  BOYLAND, BURLING, COLTON, GUNTHER, HIKIND,  LANCMAN,  LUPARDO,  MAGEE,
  PERRY,  REILLY,  ROSENTHAL,  SALADINO,  SCHIMMINGER, SWEENEY, TOWNS --
  read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to sexual abuse of  a  person
  under the age of thirteen

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A person is guilty of sexual abuse in the first degree when he or  she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2.  When  the  other person is incapable of consent by reason of being
physically helpless; or
  3. When the other person is less than eleven years old; OR
  4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS TWENTY-ONE YEARS OLD OR OLDER.
  Sexual abuse in the first degree is a class D 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.
                                                           LBD01672-01-1

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