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Assembly Bill A5412

2017-2018 Legislative Session

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

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Archive: Last Bill Status - In Assembly Committee

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2017-A5412 (ACTIVE) - Details

See Senate Version of this Bill:
S3861
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.65 & 245.03, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2093, S2518
2015-2016: A1467, S3243
2019-2020: A6809, S3229
2021-2022: A7014, S5265
2023-2024: S5511
2025-2026: S5393

2017-A5412 (ACTIVE) - Summary

Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation.

2017-A5412 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5412
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced by M. of A. CUSICK, BRINDISI -- read once and referred to the
   Committee on Codes
 
 AN  ACT to amend the penal law, in relation to sexual abuse in the first
   degree where a person is incapable of consent  while  a  passenger  on
   public  transportation; in relation to public lewdness while a passen-
   ger on public transportation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 130.65 of the penal law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. INTENTIONALLY, AND WITH THE SOLE PURPOSE OF SEXUAL GRATIFICATION,
 AND  WITHOUT THE CONSENT OF THE OTHER PERSON WHILE A PASSENGER ON PUBLIC
 TRANSPORTATION; OR
   § 2. Subdivision 2 of section 245.03 of the penal  law,  as  added  by
 chapter  186  of the laws of 2014, is amended and a new subdivision 3 is
 added to read as follows:
   2. he or she commits the crime  of  public  lewdness,  as  defined  in
 section  245.00  of this article, and within the preceding year has been
 convicted  of  an  offense  defined  in  such  section  245.00  or  this
 section[.]; OR
   3.  HE  OR  SHE  COMMITS  THE  CRIME OF PUBLIC LEWDNESS, AS DEFINED IN
 SECTION 245.00 OF THIS ARTICLE, WHILE A PASSENGER ON PUBLIC  TRANSPORTA-
 TION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08341-01-7

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