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Senate Bill S7848

2011-2012 Legislative Session

Creates the crime of aggravated sexual contact in the first degree

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-S7848 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §130.73, Pen L; amd §168-a, Cor L

2011-S7848 (ACTIVE) - Summary

Creates the crime of aggravated sexual conduct in the first degree; makes such offense a class B felony; provides that persons guilty of aggravated sexual conduct in the first degree are placed on the sex offender registry.

2011-S7848 (ACTIVE) - Sponsor Memo

2011-S7848 (ACTIVE) - Bill Text download pdf 

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

                                  7848

                            I N  S E N A T E

                           September 21, 2012
                               ___________

Introduced  by  Sens. SAVINO, VALESKY, KLEIN, CARLUCCI -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

AN  ACT  to  amend  the penal law and the correction law, in relation to
  aggravated sexual contact in the first degree

  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 a new section 130.73 to
read as follows:
S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN  THE  FIRST  DEGREE
WHEN  HE  OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED
OR UNCLOTHED, TO ANOTHER PERSON FOR THE  PURPOSE  OF  GRATIFYING  SEXUAL
DESIRE  BY  THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR
UPON ANY PART OF THE VICTIM:
  1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
PHYSICALLY  HELPLESS,  POWERLESS  TO MOVE OR WHILE A PASSENGER ON PUBLIC
TRANSPORTATION; OR
  2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
  AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 130.73, 230.34, 250.50, 255.25,  255.26  and  255.27  or
article  two  hundred  sixty-three  of the penal law, or section 135.05,
135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
provided  the  victim of such kidnapping or related offense is less than
seventeen years old and the offender is not the parent of the victim, or
section 230.04, where the person patronized is in fact less than  seven-
teen  years  of  age,  230.05  or  230.06, or subdivision two of section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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