senate Bill S2289

Relates to the offenses of sexual abuse and aggravated sexual abuse

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Sponsor

Bill Status


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

  • 15 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 23 / Jan / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

Expands the definitions of sexual contact, foreign object and aggravated sexual contact and further broadens the crimes of sexual abuse in the second degree and all degrees of aggravated sexual abuse to include the act of forced touching.

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Bill Details

Versions:
S2289
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.00, 130.60, 130.65-a, 130.66, 130.67, 130.70 & 260.31, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5053
2009-2010: A3641
2007-2008: A11272

Sponsor Memo

BILL NUMBER:S2289

TITLE OF BILL: An act to amend the penal law, in relation to
expanding the definition of sex offenses and making technical
corrections to such provisions

PURPOSE: To expand the crimes of "sexual abuse' and "aggravated sexual
abuse" and the definition of "sexual contact" to include the act of
causing another person to touch him or herself with or without a
foreign object. To add to the definition of "sexual contact" the
emitting of urine or feces onto the victim.

SUMMARY OF PROVISIONS: Section one amends subdivision 3 of section
130.00 of the penal law, as amended by chapter 193 of the laws of
2010, by expanding the definition of "sexual contact" to include "the
touching of the victim by himself or herself at the direction of the
actor." The definition of "sexual contact" is further expanded to
include the emission of urine or feces by a person upon any part of a
victim, clothed or unclothed.

Section two amends section 130.60 of the penal law, as amended by
chapter 1 of the laws of 2000, by adding that, in addition to the
elements which now constitute the crime of sexual abuse in the second
degree, it shall be considered sexual abuse in the second degree when
the sexual contact constitutes the emission of ejaculate, urine or
feces by the actor upon any part of the victim, clothed or unclothed,
without the consent of the victim.

Section three amends section 130.65-a of the penal law, as added by
chapter 1 of the laws of 2000 and subdivision I as amended by chapter
485 of the laws of 2009, by adding that it shall be a crime when a
person causes a foreign object to be inserted in certain specified
areas of the body.

Section four amends section 130.66 of the penal law, as added by
chapter 181 of the laws of 1996, subdivisions 1 and 2 as amended by
chapter 485 of the laws of 2009 and subdivision 3 as renumbered by
chapter 1 of the laws of 2000, by adding that it shall be a crime when
a person causes a foreign object to be inserted in certain specified
areas of the body.

Section five amends subdivision 1 of section 130.67 of the penal law,
as amended by chapter 485 of the laws of 2009, by adding that it shall
be a crime when a person causes a foreign object to be inserted in
certain specified areas of the body.

Section six amends subdivision 1 of section 130.70 of the penal law,
as amended by chapter 485 of the laws of 2009, by adding that it shall
be a crime when a person causes a foreign object to be inserted in
certain specified areas of the body.

Section seven amends subdivision 2 of section 260.31 of the penal law,
as amended by chapter 193 of the laws of 2010, by expanding the
definition of "sexual contact" to include "the touching of the victim
by himself or herself at the direction of the actor." The definition
of "sexual contact" is further expanded to include the emission of


urine or feces by a person upon any part of a victim, clothed or
unclothed.

Section eight provides the effective date.

JUSTIFICATION: The definition of "sexual contact" found in section
130.00 of the penal law only covers contact from the victim to the
actor or from the actor to the victim; however, it lacks any reference
to a victim touching himself or herself at the actor's direction.
Currently, prosecutors may charge coercion for this type of offense,
but this charge fails to capture the violent and deviant nature of the
crime, and it does not subject the offender to the Sex Offender
Registration Act.

By amending the definition of sexual contact, defendants who force
victims to masturbate could be charged with sexual abuse in the first
degree, and engaging a minor in such behavior would be covered by the
age provisions of sexual abuse in the first, second, and third
degrees.

The definition of "sexual contact" requires an additional amendment.
Changing the definition of sexual contact to include urinating or
defecating on others for the purpose of sexual gratification would
allow offenders to be charged under the sexual abuse laws.

LEGISLATIVE HISTORY: Similar to A.3641. 2009 and 2010 referred to
codes. A.11272, 2008 referred to codes committee. Same as S.7948
(Saland), 2008 passed senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.

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

                                  2289

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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 expanding  the  definition
  of sex offenses and making technical corrections to such provisions

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

  Section 1. Subdivision 3 of  section  130.00  of  the  penal  law,  as
amended  by  chapter  193  of  the  laws  of 2010, is amended to read as
follows:
  3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of  either
party.  It  includes the touching of the actor by the victim, as well as
the touching of the victim by the actor AND THE TOUCHING OF  THE  VICTIM
BY HIMSELF OR HERSELF AT THE DIRECTION OF THE ACTOR, whether directly or
through  clothing,  as well as the emission of ejaculate, URINE OR FECES
by the actor upon any part of the victim, clothed or unclothed.
  S 2. Section 130.60 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.60 Sexual abuse in the second degree.
  A person is guilty of sexual abuse in the second degree when he or she
subjects  another  person  to sexual contact and [when such other person
is]:
  1. WHEN SUCH OTHER PERSON IS:
  (A) Incapable of consent by reason of some  factor  other  than  being
less than seventeen years old; or
  [2.] (B) Less than fourteen years old; OR
  2.  WHEN  THE  SEXUAL  CONTACT  CONSTITUTES THE EMISSION OF EJACULATE,
URINE OR FECES BY THE ACTOR UPON ANY PART  OF  THE  VICTIM,  CLOTHED  OR
UNCLOTHED, AND SUCH CONTACT OCCURS WITHOUT THE CONSENT OF THE VICTIM.
  Sexual abuse in the second degree is a class A misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04905-01-3

S. 2289                             2

  S  3.  Section 130.65-a of the penal law, as added by chapter 1 of the
laws of 2000 and subdivision 1 as amended by chapter 485 of the laws  of
2009, is amended to read as follows:
S 130.65-a Aggravated sexual abuse in the fourth degree.
  1.  A person is guilty of aggravated sexual abuse in the fourth degree
when:
  (a) He or she inserts, OR CAUSES TO BE INSERTED, a foreign  object  in
the  vagina,  urethra,  penis,  rectum or anus of another person and the
other person is incapable of consent by reason of some factor other than
being less than seventeen years old; or
  (b) He or she inserts, OR CAUSES TO BE INSERTED, a finger in the vagi-
na, urethra, penis, rectum or anus of another  person  causing  physical
injury  to such person and such person is incapable of consent by reason
of some factor other than being less than seventeen years old.
  2. Conduct performed for a valid medical purpose does not violate  the
provisions of this section.
  Aggravated sexual abuse in the fourth degree is a class E felony.
  S  4.  Section 130.66 of the penal law, as added by chapter 181 of the
laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
of 2009 and subdivision 3 as renumbered by chapter  1  of  the  laws  of
2000, is amended to read as follows:
S 130.66 Aggravated sexual abuse in the third degree.
  1.  A  person is guilty of aggravated sexual abuse in the third degree
when he or she inserts, OR CAUSES TO BE INSERTED, a  foreign  object  in
the vagina, urethra, penis, rectum or anus of another person:
  (a) By forcible compulsion; or
  (b)  When  the other person is incapable of consent by reason of being
physically helpless; or
  (c) When the other person is less than eleven years old.
  2. A person is guilty of aggravated sexual abuse in the  third  degree
when  he  or  she inserts, OR CAUSES TO BE INSERTED, a foreign object in
the vagina, urethra, penis, rectum or anus  of  another  person  causing
physical  injury  to such person and such person is incapable of consent
by reason of being mentally disabled or mentally incapacitated.
  3. Conduct performed for a valid medical purpose does not violate  the
provisions of this section.
  Aggravated sexual abuse in the third degree is a class D felony.
  S  5.  The opening paragraph of subdivision 1 of section 130.67 of the
penal law, as amended by chapter 485 of the laws of 2009, is amended  to
read as follows:
  A  person  is  guilty  of aggravated sexual abuse in the second degree
when he or she inserts, OR CAUSES TO BE INSERTED, a finger in the  vagi-
na,  urethra,  penis,  rectum or anus of another person causing physical
injury to such person:
  S 6. The opening paragraph of subdivision 1 of section 130.70  of  the
penal  law, as amended by chapter 485 of the laws of 2009, is amended to
read as follows:
  A person is guilty of aggravated sexual abuse in the first degree when
he or she inserts, OR CAUSES TO BE INSERTED, a  foreign  object  in  the
vagina,  urethra,  penis, rectum or anus of another person causing phys-
ical injury to such person:
  S 7. Subdivision 2 of section 260.31 of the penal law, as  amended  by
chapter 193 of the laws of 2010, is amended to read as follows:
  2. "Sexual contact" means any touching of the sexual or other intimate
parts  of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor  by  the  victim,  AND  THE

S. 2289                             3

TOUCHING  OF  THE  VICTIM  BY HIMSELF OR HERSELF AT THE DIRECTION OF THE
ACTOR, as well as the touching of  the  victim  by  the  actor,  whether
directly  or  through  clothing,  as  well as the emission of ejaculate,
URINE  OR  FECES  by  the  actor upon any part of the victim, clothed or
unclothed.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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