Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
May 03, 2011 |
referred to codes |
Senate Bill S5053
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S5053 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5172
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§130.00, 130.60, 130.65-a, 130.66, 130.67, 130.70 & 260.31, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A3641
2013-2014: S2289
2011-S5053 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5053 TITLE OF BILL: An act to amend the penal law, in relation to expanding the definition of sex offenses and making technical corrections to such provisions PURPOSE: To expand the crimes of "sexual abuse' and "aggravated sexual abuse" and the definition of "sexual contact" to include the act of causing another person to touch him or herself with or without a foreign object. To add to the definition of "sexual contact" the emitting of urine or feces onto the victim. SUMMARY OF PROVISIONS: Section one amends subdivision 3 of section 130.00 of the penal law, as amended by chapter 193 of the laws of 2010, by expanding the definition of "sexual contact" to include "the touching of the victim by himself or herself at the direction of the actor." The definition of "sexual contact" is further expanded to include the emission of urine or feces by a person upon any part of a victim, clothed or unclothed. Section two amends section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, by adding that, in addition to the elements which now constitute the crime of sexual abuse in the second degree, it shall be considered sexual abuse in the second degree when
2011-S5053 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5053 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed 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. Sexual abuse in the second degree is a class A misdemeanor. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00920-03-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.