senate Bill S2289

2013-2014 Legislative Session

Relates to the offenses of sexual abuse and aggravated sexual abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 recommit, enacting clause stricken
Jan 08, 2014 referred to codes
Jan 15, 2013 referred to codes

S2289 - Details

Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.00, 130.60, 130.65-a, 130.66, 130.67, 130.70 & 260.31, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5053
2009-2010: A3641

S2289 - Summary

Expands the definitions of sexual contact, foreign object and aggravated sexual contact and further broadens the crimes of sexual abuse in the second degree and all degrees of aggravated sexual abuse to include the act of forced touching.

S2289 - Sponsor Memo

S2289 - Bill Text download pdf

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

                                  2289

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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.
                                                           LBD04905-01-3

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