S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 18, 2013
Introduced by Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
AN ACT to amend the penal law and the correction law, in relation to
aggravated sexual contact in the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 130.73 to
read as follows:
S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE
WHEN HE OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED
OR UNCLOTHED, TO ANOTHER PERSON FOR THE PURPOSE OF GRATIFYING SEXUAL
DESIRE BY THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR
UPON ANY PART OF THE VICTIM:
1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING
PHYSICALLY HELPLESS, POWERLESS TO MOVE OR WHILE A PASSENGER ON PUBLIC
2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 130.73, 230.34, 250.50, 255.25, 255.26 and 255.27 or
article two hundred sixty-three of the penal law, or section 135.05,
135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
provided the victim of such kidnapping or related offense is less than
seventeen years old and the offender is not the parent of the victim, or
section 230.04, where the person patronized is in fact less than seven-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 2518 2
teen years of age, 230.05 or 230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.