senate Bill S1618

Provides that sexual abuse in the 2nd degree is a class E felony

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • 1ST REPORT CAL.174
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 31 / Mar / 2011
    • PASSED SENATE
  • 31 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 31 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jan / 2012
    • 1ST REPORT CAL.59
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / Jan / 2012
    • PASSED SENATE
  • 30 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Jan / 2012
    • REFERRED TO CODES

Summary

Raises the penalty for sexual abuse in the 2nd degree from a class A misdemeanor to a class E felony.

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Bill Details

Versions:
S1618
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.60, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S62

Sponsor Memo

BILL NUMBER:S1618

TITLE OF BILL:
An act
to amend the penal law, in relation to changing sexual abuse in the
second degree from a class A misdemeanor to a class E felony

PURPOSE OR GENERAL IDEA OF BILL:
To raise the penalty for sexual abuse in the second degree from a
class A misdemeanor to a class E felony.

SUMMARY OF SPECIFIC PROVISIONS:
Section 130.60 of the Penal Law is amended to increase the penalty for
this crime from a class A misdemeanor to a class E felony.

JUSTIFICATION:
Under current law the crime of sexual abuse in the second degree is
punishable by up to one year in prison. Victims of sexual abuse will
remember and relive the horror and trauma of their attacks for the
rest of their lives. Being fondled or touched in such an
inappropriate manner is humiliating and degrading. Victims of sexual
abuse in the second degree are, by definition, incapable of giving
consent or they are under the age of 14 years. Sexual abuse in the
first degree is a D felony, however, this statute is only applicable
where there is force, where the victim is incapable of giving consent
or where the victim is less than 11 years old. Thus, perpetrators who
fondle or otherwise come into sexual contact with victims between the
ages of 11 and 13 are only eligible for up to one year in prison.
This sentence is simply inadequate to deter this conduct or punish
offenders who may repeatedly engage in this crime.

PRIOR LEGISLATIVE HISTORY:
S.115 of 2008
01/09/08 REFERRED TO CODES
04/30/08 PASSED SENATE
S.62 of 2009
01/07/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1618

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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 sexual  abuse  in
  the second degree from a class A misdemeanor to a class E felony

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

  Section 1. The closing paragraph of section 130.60 of the  penal  law,
as  amended  by  chapter  1  of  the laws of 2000, is amended to read as
follows:
  Sexual abuse in the second degree is a class [A misdemeanor] E FELONY.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05855-01-1

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