| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 26, 2015 |
referred to codes |
Senate Bill S4042
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2015-S4042 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยง130.60, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S62
2011-2012: S1618
2013-2014: S655
2017-2018: S8446
2015-S4042 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4042
TITLE OF BILL: An act to amend the penal law, in relation to changing
sexual abuse in the second degree from a class A misdemeanor to a class
E felony
PURPOSE OR GENERAL IDEA OF BILL: To raise the penalty for sexual abuse
in the second degree from a class A misdemeanor to a class E felony
SUMMARY OF SPECIFIC PROVISIONS:
Section 130.60 of the Penal Law is amended to increase the penalty for
this crime from a class A misdemeanor to a class E felony.
JUSTIFICATION: Under current law the crime of sexual abuse is the
second degree is punishable by up to one year in prison. Victims of
sexual abuse will remember and relive the horror and trauma of their
attacks for the rest of their lives. Being fondled or touched in such an
inappropriate manner is humiliating and degrading victims of sexual
abuse in the second degree are, by definition, incapable of giving
consent or they are under the age of 14 years. Sexual abuse in the first
degree is a D felony, however, this statute is only applicable where
there is force, where the victim is incapable of giving consent or where
the victim is less than 11 years old. Thus, perpetrators who fondle or
otherwise come into sexual contact with victims between the ages of 11
and 13 are only eligible for up to one year in prison. This sentence is
2015-S4042 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4042
2015-2016 Regular Sessions
I N S E N A T E
February 26, 2015
___________
Introduced by Sen. SAMPSON -- 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 changing sexual abuse in
the second degree from a class A misdemeanor to a class E felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of section 130.60 of the penal law,
as amended by chapter 1 of the laws of 2000, is amended to read as
follows:
Sexual abuse in the second degree is a class [A misdemeanor] 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.
LBD09140-01-5
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