S T A T E O F N E W Y O R K
________________________________________________________________________
2398
2015-2016 Regular Sessions
I N S E N A T E
January 22, 2015
___________
Introduced by Sen. RITCHIE -- 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 persistent sexual abuse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 130.53 of the penal law, as amended by chapter 192
of the laws of 2014, is amended to read as follows:
S 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits
the crime of forcible touching, as defined in section 130.52 of this
article, sexual abuse in the third degree, as defined in section 130.55
of this article, or sexual abuse in the second degree, as defined in
section 130.60 of this article, and, within the previous ten year peri-
od, excluding any time during which such person was incarcerated for any
reason, has been convicted two or more times, in separate criminal tran-
sactions for which sentence was imposed on separate occasions, of SEXUAL
MISCONDUCT, AS DEFINED IN SECTION 130.20 OF THIS ARTICLE, forcible
touching, as defined in section 130.52 of this article, sexual abuse in
the third degree as defined in section 130.55 of this article, sexual
abuse in the second degree, as defined in section 130.60 of this arti-
cle, or any offense defined in this article, of which the commission or
attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07666-01-5