S T A T E O F N E W Y O R K
S. 6129 A. 8956
S E N A T E - A S S E M B L Y
January 4, 2012
IN SENATE -- Introduced by Sen. GIANARIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. SIMOTAS -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to excluding any time during
which a person was incarcerated from the ten year period relevant to
the definition of the crime of persistent sexual abuse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 130.53 of the penal law, as amended by chapter 264
of the laws of 2003, is amended to read as follows:
S 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits
the crime of forcible touching, as defined in section 130.52 of this
article, sexual abuse in the third degree, as defined in section 130.55
of this article, or sexual abuse in the second degree, as defined in
section 130.60 of this article, and, within the previous ten year peri-
od, EXCLUDING ANY TIME DURING WHICH SUCH PERSON WAS INCARCERATED FOR ANY
REASON, has been convicted two or more times, in separate criminal tran-
sactions for which sentence was imposed on separate occasions, of forci-
ble touching, as defined in section 130.52 of this article, sexual abuse
in the third degree as defined in section 130.55 of this article, sexual
abuse in the second degree, as defined in section 130.60 of this arti-
cle, or any offense defined in this article, of which the commission or
attempted commission thereof is a felony.
Persistent sexual abuse 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.