S T A T E   O F   N E W   Y O R K
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                                  7102

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the penal law and the correction law, in relation to
  establishing the offense of sexually aggravated offense

  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 130.97 to
read as follows:
S 130.97 SEXUALLY AGGRAVATED OFFENSE.
  1. A PERSON COMMITS A SEXUALLY  AGGRAVATED  OFFENSE  WHEN  HE  OR  SHE
COMMITS  A  SPECIFIED  OFFENSE  FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL
PART, OF HIS OR HER OWN DIRECT SEXUAL GRATIFICATION.
  2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS PART: OBSCENITY IN THE THIRD DEGREE,  AS  DEFINED  IN
SECTION  235.05 OF THIS PART, HARASSMENT IN THE FIRST DEGREE, AS DEFINED
IN SECTION 240.25 OF THIS PART, HARASSMENT  IN  THE  SECOND  DEGREE,  AS
DEFINED IN SECTION 240.30 OF THIS PART, DISSEMINATING A FALSE REGISTERED
SEX  OFFENDER  NOTE,  AS  DEFINED IN SECTION 240.48 OF THIS PART, PUBLIC
LEWDNESS, AS DEFINED IN  SECTION  245.00  OF  THIS  PART,  EXPOSURE,  AS
DEFINED  IN  SECTION  245.01  OF  THIS PART, PROMOTING THE EXPOSURE OF A
PERSON, AS DEFINED IN SECTION 245.02 OF THIS  PART,  PUBLIC  DISPLAY  OF
OFFENSIVE  SEXUAL  MATERIAL,  AS DEFINED IN SECTION 245.11 OF THIS PART,
ENDANGERING THE WELFARE OF A CHILD, AS DEFINED IN SECTION 260.10 OF THIS
PART, UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE, AS DEFINED IN
SECTION 260.20 OF THIS PART, UNLAWFULLY DEALING  WITH  A  CHILD  IN  THE
SECOND  DEGREE,  AS  DEFINED IN SECTION 260.21 OF THIS PART, ENDANGERING
THE WELFARE OF AN INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  IN  THE
SECOND  DEGREE,  AS DEFINED IN SECTION 260.24 OF THIS PART, MISREPRESEN-
TATION BY A CHILD DAY CARE PROVIDER, AS DEFINED  IN  SECTION  260.31  OF
THIS  PART  OR  ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10543-01-5
              

A. 7102                             2

  S 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
law, as amended by part 405 of the laws of 2008, is amended to  read  as
follows:
  (a)  (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, 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 seventeen 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 (ii) a conviction of or  a
conviction  for  an  attempt  to commit any of the provisions of section
235.22 of the penal law, or (iii) a conviction of or a conviction for an
attempt to commit any provisions of the foregoing sections committed  or
attempted  as a hate crime defined in section 485.05 of the penal law or
as a crime of terrorism defined in section 490.25 of such law  or  as  a
sexually motivated felony defined in section 130.91 of such law, OR AS A
SEXUALLY AGGRAVATED OFFENSE AS DEFINED IN SECTION 130.97 OF SUCH LAW; or
  S 3. This act shall take effect immediately.