Assembly Bill A8884

2013-2014 Legislative Session

Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2013-A8884 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §130.54, amd §130.05, Pen L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2091
2017-2018: A5069
2019-2020: A3783

2013-A8884 (ACTIVE) - Summary

Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person; includes such felony and the class A misdemeanor of forcible touching within the definition of "sex offense" for the purposes of the sex offender registration act.

2013-A8884 (ACTIVE) - Bill Text download pdf 

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

                                  8884

                          I N  A S S E M B L Y

                            February 27, 2014
                               ___________

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

AN ACT to amend the penal law and the correction law, in relation to the
  new crime of 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 a new section 130.54 to
read as follows:
S 130.54 GANG SEXUAL ASSAULT.
  A PERSON IS GUILTY OF GANG SEXUAL ASSAULT WHEN:
  1. AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR  SHE  SUBJECTS
ANOTHER  PERSON  TO  SEXUAL  CONTACT  WITHOUT  THE  CONSENT OF THE OTHER
PERSON; OR
  2. WITH INTENT TO EXPOSE THE INTIMATE PARTS OF  THE  BODY  OF  ANOTHER
PERSON, AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE
OR  SHE  REMOVES  OR ATTEMPTS TO REMOVE AN ARTICLE OF CLOTHING FROM SUCH
PERSON WITHOUT THE CONSENT OF SUCH PERSON.
  GANG SEXUAL ASSAULT 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 [or], forcible touching,
OR GANG SEXUAL ASSAULT,  any  circumstances,  in  addition  to  forcible
compulsion  or  incapacity  to  consent,  in  which  the victim does not
expressly or impliedly acquiesce in the actor's conduct; or
  S 3. 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, 130.54, 130.60, 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

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

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