assembly Bill A8751A

2017-2018 Legislative Session

Modifies the offense of forcible touching by removing the element of the actor's intent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2018 print number 8751a
Jan 10, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Oct 25, 2017 referred to codes

A8751 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A104
2021-2022: A208

A8751 - Summary

Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.

A8751 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8751

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            October 25, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to modifying the  offense  of
  forcible touching by removing the element of the actor's intent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 130.52 of the penal law, as amended by chapter  264
of  the laws of 2003, the opening paragraph and subdivision 1 as amended
and subdivision 2 as added by chapter  250  of  the  laws  of  2015,  is
amended to read as follows:
§ 130.52 Forcible touching.
  A  person  is  guilty  of  forcible  touching  when such person inten-
tionally, and for no legitimate purpose:
  1. forcibly touches the sexual or  other  intimate  parts  of  another
person  [for the purpose of degrading or abusing such person, or for the
purpose of gratifying the actor's sexual desire]; or
  2. subjects another person to UNWANTED sexual contact [for the purpose
of gratifying the actor's sexual desire and with intent  to  degrade  or
abuse  such  other  person]  while such other person is a passenger on a
bus, train, or subway car operated by any transit agency,  authority  or
company,  public  or  private, whose operation is authorized by New York
state or any of its political subdivisions.
  For the purposes of this section, forcible touching  includes  BUT  IS
NOT LIMITED TO squeezing, grabbing, RUBBING or pinching.
  Forcible touching is a class A misdemeanor.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13636-02-7

Co-Sponsors

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A8751A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A104
2021-2022: A208

A8751A (ACTIVE) - Summary

Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.

A8751A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8751--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            October 25, 2017
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to modifying the  offense  of
  "forcible  touching"  to  "unwanted  touching" and by removing certain
  elements of the actor's intent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 130.52 of the penal law, as amended by chapter 264
of the laws of 2003, the opening paragraph and subdivision 1 as  amended
and  subdivision  2  as  added  by  chapter  250 of the laws of 2015, is
amended to read as follows:
§ 130.52 [Forcible] UNWANTED touching.
  A person is guilty of [forcible] UNWANTED touching  when  such  person
intentionally, and for no legitimate purpose:
  1.  [forcibly]  touches  the sexual or other intimate parts of another
person [for the purpose of degrading or abusing such person, or for  the
purpose  of  gratifying  the actor's sexual desire] WITHOUT THE LATTER'S
CONSENT; or
  2. subjects another person to sexual contact [for the purpose of grat-
ifying the actor's sexual desire and with intent  to  degrade  or  abuse
such  other person] WITHOUT THE LATTER'S CONSENT while such other person
is a passenger on a bus, train, or subway car operated  by  any  transit
agency,  authority  or  company,  public  or private, whose operation is
authorized by New York state or any of its political subdivisions.
  For  the  purposes  of  this  section,  [forcible]  UNWANTED  touching
includes BUT IS NOT LIMITED TO squeezing, grabbing, RUBBING or pinching.
  [Forcible] UNWANTED touching is a class A misdemeanor.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets