BILL NUMBER:A9938A

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

PURPOSE OR GENERAL IDEA OF BILL: To include, in the definition of "sexu-
al contact," the emitting of ejaculate onto the victim.

SUMMARY  OF  SPECIFIC  PROVISIONS:  Section  one amends subdivision 3 of
section 130.00 of the penal law, as amended by chapter 650 of  the  laws
of  1984, by expanding the definition of "sexual contact" to include the
emission of ejaculate by a person upon any part of a victim, clothed  or
unclothed. This section also removes the language which excludes married
persons; providing that sexual contact is between two people, regardless
of marital connection.

Section  two amends subdivision 2 of section 260.31 of the penal law, as
added by chapter 381 of the laws of 1998, and such section as renumbered
by chapter 14 of the laws of 2010, by expanding the definition of "sexu-
al contact" to include the emission of ejaculate by a  person  upon  any
part  of  a  victim, clothed or unclothed. This section also removes the
language which excludes married persons; providing that  sexual  contact
is between two people, regardless of marital connection.

Section three provides the effective date.
              

JUSTIFICATION:  The  definition  of  "sexual  contact" found in sections
130.00 and 260.31 of the penal law covers contact from the victim to the
actor or from the actor to the victim  for  the  purpose  of  gratifying
sexual  desire  of  either  party.  However,  the  definition of "sexual
contact" requires an amendment.

The marriage exemption has been removed in order to provide a definition
of sexual contact that merely describes the act, without regard  to  the
relationship  of  the parties involved. In cases of domestic violence or
marital rape, a perpetrator should be  held  accountable,  and  the  law
should not provide an exception for married persons.

This legislation also adds "the emission of ejaculate" to the definition
of  "sexual  contact."  There  have are many instances in New York City,
specifically, where an offender has ejaculated on women in  the  subway.
There  have  been  instances of college students ejaculating on sleeping
female colleagues. Such an incident caused Connecticut to  pass  similar
legislation.  Through  DNA  testing  of  bodily substances that are left
behind, serial offenders have been identified. Yet in each instance, the
offender can only be charged with a B misdemeanor  crime,  public  lewd-
ness,  which  would be the charge if the perpetrator had exposed himself
and had made no physical contact  with  his  victim.    Those  who  make
contact  with  their victims solely through bodily substances are sexual
offenders. Changing the definition of sexual contact to  include  ejacu-
lating  on  others  for. the purpose of sexual gratification would allow

offenders to be charged  under  the  sexual  abuse  laws.  Seven  states
already  do  just  that:  Colorado;  Connecticut; Florida; North Dakota;
Oklahoma; Pennsylvania; and Wisconsin.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

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