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

                                  3641

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  PAULIN,  JOHN, EDDINGTON, TITONE, ZEBROWSKI,
  GALEF, GABRYSZAK, JAFFEE, KOON, LANCMAN, MAISEL, P. RIVERA  --  Multi-
  Sponsored  by  --  M.  of  A.  BOYLAND, BRADLEY, CHRISTENSEN, DESTITO,
  GREENE, GUNTHER, HYER-SPENCER, LENTOL, PHEFFER, SEMINERIO, SWEENEY  --
  read once and referred to the Committee on Codes

AN  ACT  to amend the penal law, in relation to expanding the definition
  of sex offenses and making technical corrections to such provisions

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

  Section  1.  Subdivision  3  of  section  130.00  of the penal law, as
amended by chapter 650 of the laws  of  1984,  is  amended  to  read  as
follows:
  3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person [not married to the actor] for the purpose of gratify-
ing sexual desire of either party. It includes the touching of the actor
by  the  victim, as well as the touching of the victim by the actor, AND
THE TOUCHING OF THE VICTIM BY HIMSELF OR HERSELF AT THE DIRECTION OF THE
ACTOR, whether directly or through clothing, AS WELL AS THE EMISSION  OF
EJACULATE,  URINE  OR  FECES  BY  THE ACTOR UPON ANY PART OF THE VICTIM,
CLOTHED OR UNCLOTHED.
  S 2. Subdivision 9 of section 130.00 of the penal law, as  amended  by
chapter 696 of the laws of 1981, is amended to read as follows:
  9.  "Foreign  object"  means  any  instrument  or  article which, when
inserted in the vagina, urethra, penis or [rectum] ANUS, is  capable  of
causing physical injury.
  S  3.  Subdivision  11 of section 130.00 of the penal law, as added by
chapter 122 of the laws of 1996, is amended to read as follows:
  11. "Aggravated sexual contact" means  inserting,  other  than  for  a
valid medical purpose, a foreign object in the vagina, urethra, penis or
[rectum] ANUS of a child, thereby causing physical injury to such child.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03871-01-9

              

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  S  4.  Section 130.60 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.60 Sexual abuse in the second degree.
  A person is guilty of sexual abuse in the second degree when he or she
subjects  another  person  to sexual contact and [when such other person
is]:
  1. WHEN SUCH OTHER PERSON IS:
  (A) Incapable of consent by reason of some  factor  other  than  being
less than seventeen years old; or
  [2.] (B) Less than fourteen years old; OR
  2.  WHEN  THE  SEXUAL  CONTACT  CONSTITUTES THE EMISSION OF EJACULATE,
URINE OR FECES BY THE ACTOR UPON ANY PART  OF  THE  VICTIM,  CLOTHED  OR
UNCLOTHED, AND SUCH CONTACT OCCURS WITHOUT THE CONSENT OF THE VICTIM.
  Sexual abuse in the second degree is a class A misdemeanor.
  S  5.  Section 130.65-a of the penal law, as added by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.65-a Aggravated sexual abuse in the fourth degree.
  1. A person is guilty of aggravated sexual abuse in the fourth  degree
when:
  (a)  He  or she inserts, OR CAUSES TO BE INSERTED, a foreign object in
the vagina, urethra, penis or [rectum] ANUS of another  person  and  the
other person is incapable of consent by reason of some factor other than
being less than seventeen years old; or
  (b) He or she inserts, OR CAUSES TO BE INSERTED, a finger in the vagi-
na,  urethra,  penis or [rectum] ANUS of another person causing physical
injury to such person and such person is incapable of consent by  reason
of some factor other than being less than seventeen years old.
  2.  Conduct performed for a valid medical purpose does not violate the
provisions of this section.
  Aggravated sexual abuse in the fourth degree is a class E felony.
  S 6. Section 130.66 of the penal law, as added by chapter 181  of  the
laws  of 1996, subdivision 2 as added and subdivision 3 as renumbered by
chapter 1 of the laws of 2000, is amended to read as follows:
S 130.66 Aggravated sexual abuse in the third degree.
  1. A person is guilty of aggravated sexual abuse in the  third  degree
when  he  OR  SHE inserts, OR CAUSES TO BE INSERTED, a foreign object in
the vagina, urethra, penis or [rectum] ANUS of another person:
  (a) By forcible compulsion; or
  (b) When the other person is incapable of consent by reason  of  being
physically helpless; or
  (c) When the other person is less than eleven years old.
  2.  A  person is guilty of aggravated sexual abuse in the third degree
when he or she inserts, OR CAUSES TO BE INSERTED, a  foreign  object  in
the  vagina,  urethra,  penis or [rectum] ANUS of another person causing
physical injury to such person and such person is incapable  of  consent
by reason of being mentally disabled or mentally incapacitated.
  3.  Conduct performed for a valid medical purpose does not violate the
provisions of this section.
  Aggravated sexual abuse in the third degree is a class D felony.
  S 7. Subdivision 1 of section 130.67 of the penal  law,  as  added  by
chapter 450 of the laws of 1988, is amended to read as follows:
  1.  A person is guilty of aggravated sexual abuse in the second degree
when he OR SHE inserts, OR CAUSES TO BE INSERTED, a finger in the  vagi-
na,  urethra, penis, or [rectum] ANUS of another person causing physical
injury to such person:

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  S 8. Subdivision 1 of section 130.70 of the penal law, as  amended  by
chapter 450 of the laws of 1988, is amended to read as follows:
  1.  A  person is guilty of aggravated sexual abuse in the first degree
when he OR SHE inserts, OR CAUSES TO BE INSERTED, a  foreign  object  in
the  vagina,  urethra,  penis or [rectum] ANUS of another person causing
physical injury to such person:
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.