|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|
senate Bill S2289
Archive: Last Bill Status - STRICKEN
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2289 - Details
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
BILL NUMBER:S2289 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 the sexual contact constitutes the emission of ejaculate, urine or feces by the actor upon any part of the victim, clothed or unclothed,
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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