senate Bill S1458

2013-2014 Legislative Session

Relates to adding the abuse of a person less than thirteen years old by a person eighteen years old or older to the aggravated sexual abuse crimes

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

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S1458 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.66, 130.67 & 130.70, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3207
2009-2010: S3238

S1458 - Bill Texts

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Establishes a person is guilty of aggravated sexual assault in the third degree when he inserts a foreign object in the vagina, urethra or penis of the other person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the second degree when he inserts a finger in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the first degree when he inserts a foreign object in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older.

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BILL NUMBER:S1458

TITLE OF BILL:
An act
to amend the penal law, in relation to the commission of aggravated
sexual abuse

PURPOSE:
To provide that a person is guilty of the crimes of aggravated sexual
abuse in the first, second or third degree when the victim is less
than 13 years of age and the actor is 18 years of age or older.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends paragraph (c) of Subdivision 1 of section
130.66 of the Penal Law by adding a new provision to aggravated
sexual abuse in the third degree. Under the new provision, a person
is guilty of the crime when he inserts a foreign object in the
vagina, urethra, penis, or rectum of another person who is less than
thirteen years old and the actor is eighteen years old or older.

Section 2 of the bill amends paragraph (c) of subdivision 1 of section
130.67 by adding a new provision to aggravated sexual abuse in the
second degree to provide that a person is guilty of the crime when he
inserts a finger in the vagina, urethra, penis, or rectum of a person
who is less than thirteen years old and causes physical injury to
that person and the actor is eighteen years old or older.

Section 3 of the bill amends paragraph (c) of subdivision 1 of section
130.70 by adding a new provision to aggravated sexual abuse in the
first degree to provide that a person is guilty of the crime when he
inserts a foreign object in the vagina, urethra, penis, or rectum of
another person who is less than thirteen years old and causes injury
to that person and the actor is eighteen years old or older.

EXISTING LAW:
Under the current law, a defendant may be found guilty of these
offenses if the crime was committed by forcible compulsion, or the
victim was physically helpless or the victim was under the age of 11
years.

JUSTIFICATION:
Prior to the enactment of the Sexual Assault Reform Act of 2000
(SARA), a person was guilty of the strict liability provisions of
rape or sodomy in the first degree when he or she engaged in sexual
intercourse or anal or oral sexual intercourse with a person who was
less than eleven. In amending those provisions so that a person over
the age of eighteen would be guilty of those crimes when the victim
was less than thirteen, SARA served to better protect more children
from acts of sexual violence by bringing eleven and twelve year olds
under its provisions. However, SARA did not make a similar change in
the age threshold for the crimes of aggravated sexual assault in the
first, second and third degree. This bill would correct the oversight
in SARA by amending the provisions of aggravated sexual abuse in the
first, second and third degrees, to
increase the victim age threshold for these strict liability crimes
from less than eleven to less than thirteen years old.


LEGISLATIVE HISTORY:
2003: Passed Senate
2004: Passed Senate/Assembly Codes Committee
2005-06: S.3841 Passed Senate/A.6912 Assembly Codes Cmte.
2007-08: S.3841 Passed Senate/A.6912 Assembly Codes Cmte.
2009-10: S.3238 Codes Cmte./A.7928 Codes Cmte.
2011-12: S.3207 Passed Senate/Assembly Codes

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall become a law.

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

                                  1458

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, GOLDEN, LARKIN, MARTINS -- 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 the commission of aggra-
  vated sexual abuse

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

  Section  1.    Paragraph (c) of subdivision 1 of section 130.66 of the
penal law, as amended by chapter 485 of the laws of 2009, is amended and
a new paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S  2.  Paragraph  (c)  of subdivision 1 of section 130.67 of the penal
law, as added by chapter 450 of the laws of 1988, is amended and  a  new
paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D)  WHEN  THE  OTHER  PERSON  IS LESS THAN THIRTEEN YEARS OLD AND THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S 3. Paragraph (c) of subdivision 1 of section  130.70  of  the  penal
law, as amended by chapter 450 of the laws of 1988, is amended and a new
paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D)  WHEN  THE  OTHER  PERSON  IS LESS THAN THIRTEEN YEARS OLD AND THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05628-01-3

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