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Assembly Bill A3682

2009-2010 Legislative Session

Creates the crime of gang sexual assault in the first and second degrees

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Archive: Last Bill Status - In Assembly Committee

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2009-A3682 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§130.54 & 130.54-a, amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A441
2013-2014: A3094
2015-2016: A2882
2017-2018: A4617
2019-2020: A6932

2009-A3682 (ACTIVE) - Summary

Creates the crime of gang sexual assault in the first and second degrees.

2009-A3682 (ACTIVE) - Bill Text download pdf 

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

                                  3682

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to gang sexual assault

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

  Section 1. The penal law is amended by adding two new sections  130.54
and 130.54-a to read as follows:
S 130.54 GANG SEXUAL ASSAULT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF GANG SEXUAL ASSAULT IN THE SECOND DEGREE WHEN,
AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE:
  1. SUBJECTS ANOTHER PERSON TO SEXUAL CONDUCT WITHOUT  THE  CONSENT  OF
THAT PERSON; OR
  2.  REMOVES AN ARTICLE OF CLOTHING FROM ANOTHER PERSON WITH THE INTENT
TO EXPOSE THE INTIMATE BODY PARTS OF SUCH PERSON WITHOUT THE CONSENT  OF
SUCH PERSON.
  GANG SEXUAL ASSAULT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 130.54-A GANG SEXUAL ASSAULT IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF GANG SEXUAL ASSAULT IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF GANG SEXUAL ASSAULT IN THE SECOND DEGREE:
  1. BY FORCIBLE COMPULSION; OR
  2. AND THE PERSON IS INCAPABLE OF CONSENT BY REASON OTHER  THAN  BEING
LESS THAN SEVENTEEN YEARS OLD; OR
  3. AND THE PERSON IS LESS THAN FOURTEEN YEARS OLD.
  GANG SEXUAL ASSAULT IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  2.  Paragraph  (c)  of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended  to  read
as follows:
  (c)  Where the offense charged is sexual abuse, GANG SEXUAL ASSAULT IN
THE FIRST OR SECOND DEGREE, or forcible touching, any circumstances,  in
addition  to  forcible compulsion or incapacity to consent, in which the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05888-01-9

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