S T A T E O F N E W Y O R K
________________________________________________________________________
5172
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
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Introduced by M. of A. PAULIN, LANCMAN, ZEBROWSKI, TITONE, P. RIVERA,
GABRYSZAK, GALEF, JAFFEE, MAISEL -- Multi-Sponsored by -- M. of A.
BOYLAND, DESTITO, GUNTHER, LENTOL, PHEFFER, 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 193 of the laws of 2010, is amended to read as
follows:
3. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying 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. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00920-03-1
A. 5172 2
Sexual abuse in the second degree is a class A misdemeanor.
S 3. Section 130.65-a of the penal law, as added by chapter 1 of the
laws of 2000 and subdivision 1 as amended by chapter 485 of the laws of
2009, 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, rectum or 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, rectum or 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 4. Section 130.66 of the penal law, as added by chapter 181 of the
laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
of 2009 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, rectum or 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, rectum or 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 5. The opening paragraph of subdivision 1 of section 130.67 of the
penal law, as amended by chapter 485 of the laws of 2009, is amended to
read as follows:
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, rectum or anus of another person causing physical
injury to such person:
S 6. The opening paragraph of subdivision 1 of section 130.70 of the
penal law, as amended by chapter 485 of the laws of 2009, is amended to
read as follows:
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, rectum or anus of another person causing phys-
ical injury to such person:
S 7. Subdivision 2 of section 260.31 of the penal law, as amended by
chapter 193 of the laws of 2010, is amended to read as follows:
2. "Sexual contact" means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
A. 5172 3
party. It includes the touching of the actor by the victim, AND THE
TOUCHING OF THE VICTIM BY HIMSELF OR HERSELF AT THE DIRECTION OF THE
ACTOR, as well as the touching of the victim by 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 8. This act shall take effect on the ninetieth day after it shall
have become a law.