senate Bill S655

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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • 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:
S655
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง130.60, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1618
2009-2010: S62

Sponsor Memo

BILL NUMBER:S655

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 is 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.1618 of 2011
01/10/11 REFERRED TO CODES
03/08/11 1ST REPORT CAL. 174
03/09/11 2ND REPORT CAL.
03/10/11 ADVANCED TO THIRD READING
03/31/11 PASSED SENATE
03/31/11 DELIVERED TO ASSEMBLY
03/31/11 REFERRED TO CODES
01/04/12 DIED IN ASSEMBLY
01/04/12 RETURNED TO SENATE
01/04/12 REFERRED TO CODES
01/18/12 FIRST REPORT CAL. 59
01/19/12 2ND REPORT CAL
01/23/12 ADVANCED TO THIRD READING
01/30/12 PASSED SENATE
01/30/12 DELIVERED TO ASSEMBLY
01/30/12 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
________________________________________________________________________

                                   655

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD01798-01-3

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