Assembly Bill A8751A

2017-2018 Legislative Session

Modifies the offense of forcible touching by removing the element of the actor's intent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

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Bill Amendments

2017-A8751 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A104
2021-2022: A208
2023-2024: A70

2017-A8751 - Summary

Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.

2017-A8751 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8751
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to modifying the  offense  of
   forcible touching by removing the element of the actor's intent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.52 of the penal law, as amended by chapter  264
 of  the laws of 2003, the opening paragraph and subdivision 1 as amended
 and subdivision 2 as added by chapter  250  of  the  laws  of  2015,  is
 amended to read as follows:
 § 130.52 Forcible touching.
   A  person  is  guilty  of  forcible  touching  when such person inten-
 tionally, and for no legitimate purpose:
   1. forcibly touches the sexual or  other  intimate  parts  of  another
 person  [for the purpose of degrading or abusing such person, or for the
 purpose of gratifying the actor's sexual desire]; or
   2. subjects another person to UNWANTED sexual contact [for the purpose
 of gratifying the actor's sexual desire and with intent  to  degrade  or
 abuse  such  other  person]  while such other person is a passenger on a
 bus, train, or subway car operated by any transit agency,  authority  or
 company,  public  or  private, whose operation is authorized by New York
 state or any of its political subdivisions.
   For the purposes of this section, forcible touching  includes  BUT  IS
 NOT LIMITED TO squeezing, grabbing, RUBBING or pinching.
   Forcible touching is a class A misdemeanor.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13636-02-7

co-Sponsors

2017-A8751A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A104
2021-2022: A208
2023-2024: A70

2017-A8751A (ACTIVE) - Summary

Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.

2017-A8751A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8751--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 25, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the penal law, in relation to modifying the  offense  of
   "forcible  touching"  to  "unwanted  touching" and by removing certain
   elements of the actor's intent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 130.52 of the penal law, as amended by chapter 264
 of the laws of 2003, the opening paragraph and subdivision 1 as  amended
 and  subdivision  2  as  added  by  chapter  250 of the laws of 2015, is
 amended to read as follows:
 § 130.52 [Forcible] UNWANTED touching.
   A person is guilty of [forcible] UNWANTED touching  when  such  person
 intentionally, and for no legitimate purpose:
   1.  [forcibly]  touches  the sexual or other intimate parts of another
 person [for the purpose of degrading or abusing such person, or for  the
 purpose  of  gratifying  the actor's sexual desire] WITHOUT THE LATTER'S
 CONSENT; or
   2. subjects another person to sexual contact [for the purpose of grat-
 ifying the actor's sexual desire and with intent  to  degrade  or  abuse
 such  other person] WITHOUT THE LATTER'S CONSENT while such other person
 is a passenger on a bus, train, or subway car operated  by  any  transit
 agency,  authority  or  company,  public  or private, whose operation is
 authorized by New York state or any of its political subdivisions.
   For  the  purposes  of  this  section,  [forcible]  UNWANTED  touching
 includes BUT IS NOT LIMITED TO squeezing, grabbing, RUBBING or pinching.
   [Forcible] UNWANTED touching is a class A misdemeanor.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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