S T A T E O F N E W Y O R K
________________________________________________________________________
2570
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to including in the crimes of
course of sexual conduct against a child in the first and second
degree, additional sexual acts against a child committed prior to the
child's seventeenth birthday
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
amended by chapter 1 of the laws of 2000 and paragraphs (a) and (b) of
subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
to read as follows:
[1.] A person is guilty of course of sexual conduct against a child in
the first degree when[, over a period of time not less than three months
in duration]:
[(a) he] 1. HE or she engages in two or more acts of sexual conduct[,
which] WITH A CHILD UNDER SEVENTEEN YEARS OLD, AND (I) THE COURSE OF
SEXUAL CONDUCT includes at least one act of sexual intercourse, oral
sexual conduct, anal sexual conduct, or aggravated sexual contact[, with
a child] OCCURRING WHEN SUCH CHILD IS less than eleven years old; [or]
AND (II) THE COURSE OF SEXUAL CONDUCT INCLUDES AT LEAST ONE ADDITIONAL
ACT OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN ELEVEN
YEARS OLD; AND (III) THE TIME BETWEEN ANY TWO OF THE ACTS OF SEXUAL
CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN ELEVEN YEARS OLD IS NINE-
TY DAYS OR GREATER; OR
[(b) he] 2. HE or she, being eighteen years old or more AT THE
COMMENCEMENT OF THE COURSE OF SEXUAL CONDUCT, engages in two or more
acts of sexual conduct[, which include] WITH A CHILD UNDER SEVENTEEN
YEARS OLD, AND (I) THE COURSE OF SEXUAL CONDUCT INCLUDES at least one
act of sexual intercourse, oral sexual conduct, anal sexual conduct, or
aggravated sexual contact[, with a] OCCURRING WHEN SUCH child IS less
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06157-01-7
A. 2570 2
than thirteen years old; AND (II) THE COURSE OF SEXUAL CONDUCT INCLUDES
AT LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD OCCURRING
WHEN SUCH CHILD IS LESS THAN THIRTEEN YEARS OLD; AND (III) THE TIME
BETWEEN ANY TWO OF THE ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD
IS UNDER THIRTEEN YEARS OLD IS NINETY DAYS OR GREATER.
[2.] 3. A person may not be subsequently prosecuted for any other
sexual offense involving the same victim unless the other charged
offense occurred outside the time period charged under this section.
§ 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as
amended by chapter 1 of the laws of 2000, are amended to read as
follows:
[1.] A person is guilty of course of sexual conduct against a child in
the second degree when[, over a period of time not less than three
months in duration]:
[(a) he] 1. HE or she engages in two or more acts of sexual conduct
with a child UNDER SEVENTEEN YEARS OLD, AND (I) THE COURSE OF SEXUAL
CONDUCT INCLUDES AT LEAST TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH
CHILD IS less than eleven years old; AND (II) THE TIME BETWEEN ANY TWO
OF THE ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN
ELEVEN YEARS OLD IS NINETY DAYS OR GREATER; or
[(b) he] 2. HE or she, being eighteen years old or more AT THE
COMMENCEMENT OF THE COURSE OF SEXUAL CONDUCT, engages in two or more
acts of sexual conduct with a child less than [thirteen years old]
SEVENTEEN YEARS OLD, AND (I) THE COURSE OF SEXUAL CONDUCT INCLUDES AT
LEAST TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN
THIRTEEN YEARS OLD; AND (II) THE TIME BETWEEN ANY TWO OF THE ACTS OCCUR-
RING WHEN SUCH CHILD IS LESS THAN THIRTEEN YEARS OLD IS NINETY DAYS OR
GREATER.
[2.] 3. A person may not be subsequently prosecuted for any other
sexual offense involving the same victim unless the other charged
offense occurred outside the time period charged under this section.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.