senate Bill S1882

Signed by Governor

Relates to the offense of sexual abuse in the first degree

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Bill Status


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

  • 13 / Jan / 2011
    • REFERRED TO CODES
  • 25 / Jan / 2011
    • 1ST REPORT CAL.33
  • 31 / Jan / 2011
    • 2ND REPORT CAL.
  • 01 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 08 / Feb / 2011
    • PASSED SENATE
  • 08 / Feb / 2011
    • DELIVERED TO ASSEMBLY
  • 08 / Feb / 2011
    • REFERRED TO CODES
  • 12 / Apr / 2011
    • SUBSTITUTED FOR A788
  • 12 / Apr / 2011
    • ORDERED TO THIRD READING RULES CAL.20
  • 12 / Apr / 2011
    • PASSED ASSEMBLY
  • 12 / Apr / 2011
    • RETURNED TO SENATE
  • 06 / May / 2011
    • DELIVERED TO GOVERNOR
  • 17 / May / 2011
    • SIGNED CHAP.26
  • 17 / May / 2011
    • APPROVAL MEMO.3

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.

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Bill Details

See Assembly Version of this Bill:
A788
Versions:
S1882
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1989A, A1067A
2007-2008: S4932, A8110

Sponsor Memo

BILL NUMBER:S1882

TITLE OF BILL:
An act
to amend the penal law, in relation to sexual abuse of a person under
the age of thirteen

PURPOSE OR GENERAL IDEA OF BILL:
This bill would strengthen New York State's criminal laws that relate
to adults who sexually abuse children.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill would amend Penal Law §130.65 as amended by
Chapter 1 of the Laws of 2000, by providing that a person is guilty
of sexual abuse in the first degree when he or she is twenty-one
years old or older and subjects another person to sexual contact who
is less than thirteen years old. Section two of this bill would
provide for the effective date.

JUSTIFICATION:
In 2001, the New York State Legislature enacted the Sexual Assault
Reform Act (SARA). Among other amendments, SARA amended Rape in the
First Degree, Penal Law §130.35(4) and Criminal Sexual Act (formerly
Sodomy) in the First Degree, Penal Law §130.50(4). Pursuant to SARA,
it is a class B violent felony when a perpetrator over the age of
eighteen has sexual intercourse or anal or oral contact with a victim
under the age of thirteen.

No similar change was made at that time or later to the crime of Sexual
Abuse in the First Degree, Penal Law §130.65 pursuant to which it is
a class D violent felony only when the victim is under the age of
eleven. Consequently, if a child who is eleven or twelve years old is
subjected to sexual contact by an individual who is eighteen or
older, the defendant would be guilty of only a class A misdemeanor.

This legislation would add a subdivision four to Sexual Abuse in the
First Degree making it a class D violent felony offense for a child
under thirteen to be subjected to sexual contact by a person who is
twenty-one or older. Besides protecting these vulnerable victims,
this legislation would bring the Sexual Abuse in the First Degree
statute in line with Rape and Criminal Sexual Act in the First
Degree. As the law stands in New York, a person who puts their hand
down the pants of an eleven or twelve year old is subjected to the
same penalty as a person who steals a pack of gum from a convenience
store; this is unacceptable, and this measure seeks to correct that
seeming inequity. Connecticut, New Jersey, Rhode Island. and Indiana
provide that similar sexual contact with an individual who is eleven
or twelve years old is a felony.

PRIOR LEGISLATIVE HISTORY:

2010: A.1067A - Passed Assembly/S.1989A Died in Senate
2009: A.1067 - Referred to the Assembly Codes Committee/S.1989
Held in Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

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

                                  1882

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  LARKIN,  MAZIARZ,  RANZENHOFER, RITCHIE,
  SEWARD, ZELDIN -- 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 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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