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Assembly Bill A1067A

2009-2010 Legislative Session

Relates to the offense of sexual abuse in the first degree

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A1067 - Details

See Senate Version of this Bill:
S1989
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A788, S1882

2009-A1067 - Summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

2009-A1067 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1067

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. DESTITO, BENEDETTO, CUSICK, DelMONTE, FIELDS,
  GALEF, GORDON, JAFFEE, KOON, LAVINE, MAISEL, PAULIN, PHEFFER,  TITONE,
  WEISENBERG, SCHROEDER, CLARK, HOOPER -- Multi-Sponsored by -- M. of A.
  ABBATE,   BOYLAND,   CHRISTENSEN,   COLTON,   DIAZ,  GUNTHER,  HIKIND,
  HYER-SPENCER, JOHN, LANCMAN, LUPARDO, MAGEE, PERRY, REILLY, ROSENTHAL,
  SCHIMMINGER, SWEENEY, TOWNS, WALKER -- read once and referred  to  the
  Committee on Codes

AN  ACT  to amend the penal law, in relation to sexual abuse of a person
  under the age of thirteen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A  person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2. When the other person is incapable of consent by  reason  of  being
physically helpless; or
  3. When the other person is less than eleven years old; OR
  4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS EIGHTEEN YEARS OLD OR OLDER.
  Sexual abuse in the first degree is a class D felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03661-01-9

co-Sponsors

multi-Sponsors

2009-A1067A (ACTIVE) - Details

See Senate Version of this Bill:
S1989
Law Section:
Penal Law
Laws Affected:
Amd §130.65, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A788, S1882

2009-A1067A (ACTIVE) - Summary

Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

2009-A1067A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1067--A
                                                            R. R. 37

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. DESTITO, BENEDETTO, CUSICK, DelMONTE, FIELDS,
  GALEF, GORDON, KOON, LAVINE, MAISEL, PAULIN, PHEFFER, TITONE,  WEISEN-
  BERG,  SCHROEDER,  HOOPER,  SKARTADOS, GABRYSZAK, SPANO -- Multi-Spon-
  sored by -- M. of A.  ABBATE, BOYLAND, BURLING,  CHRISTENSEN,  COLTON,
  GUNTHER,  HIKIND,  HYER-SPENCER, JOHN, LANCMAN, LUPARDO, MAGEE, PERRY,
  REILLY, ROSENTHAL,  SCHIMMINGER,  SWEENEY,  TOWNS  --  read  once  and
  referred  to  the  Committee  on  Codes  --  reported  from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to amend the penal law, in relation to sexual abuse of a person
  under the age of thirteen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A  person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2. When the other person is incapable of consent by  reason  of  being
physically helpless; or
  3. When the other person is less than eleven years old; OR
  4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS TWENTY-ONE YEARS OLD OR OLDER.
  Sexual abuse in the first degree is a class D felony.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03661-04-0

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