BILL NUMBER:  S7702A

 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
"sexual 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 "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 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 lewdness, 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 ejaculating 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.