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Assembly Bill A5069

2017-2018 Legislative Session

Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person

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Archive: Last Bill Status - In Assembly Committee

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2017-A5069 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §130.54, amd §130.05, Pen L; amd §168-a, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8884
2015-2016: A2091
2019-2020: A3783

2017-A5069 (ACTIVE) - Summary

Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person; includes such felony and the class A misdemeanor of forcible touching within the definition of "sex offense" for the purposes of the sex offender registration act.

2017-A5069 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5069
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. McDONOUGH, SIMANOWITZ, CROUCH, GRAF, PALMESANO,
   FINCH -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  GIGLIO,  KEARNS,
   THIELE -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law and the correction law, in relation to the
   new crime of gang sexual assault

   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 130.54  to
 read as follows:
 § 130.54 GANG SEXUAL ASSAULT.
   A PERSON IS GUILTY OF GANG SEXUAL ASSAULT WHEN:
   1.  AIDED  BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE SUBJECTS
 ANOTHER PERSON TO SEXUAL  CONTACT  WITHOUT  THE  CONSENT  OF  THE  OTHER
 PERSON; OR
   2.  WITH  INTENT  TO  EXPOSE THE INTIMATE PARTS OF THE BODY OF ANOTHER
 PERSON, AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE
 OR SHE REMOVES OR ATTEMPTS TO REMOVE AN ARTICLE OF  CLOTHING  FROM  SUCH
 PERSON WITHOUT THE CONSENT OF SUCH PERSON.
   GANG SEXUAL ASSAULT IS A CLASS E FELONY.
   §  2.  Paragraph  (c)  of subdivision 2 of section 130.05 of the penal
 law, as amended by chapter 264 of the laws of 2003, is amended  to  read
 as follows:
   (c) Where the offense charged is sexual abuse [or], forcible touching,
 OR  GANG  SEXUAL  ASSAULT,  any  circumstances,  in addition to forcible
 compulsion or incapacity to  consent,  in  which  the  victim  does  not
 expressly or impliedly acquiesce in the actor's conduct; or
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
 168-a of the correction law, as amended by chapter 368 of  the  laws  of
 2015, is amended to read as follows:
   (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,

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

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