S T A T E O F N E W Y O R K
________________________________________________________________________
9538
I N A S S E M B L Y
January 19, 2018
___________
Introduced by M. of A. ZEBROWSKI, FAHY, D'URSO, LUPARDO, GALEF, OTIS,
THIELE, SIMOTAS, JAFFEE, PALUMBO, RA, GIGLIO -- Multi-Sponsored by --
M. of A. CROUCH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law and the family
court act, in relation to the crime of coercion in the second and
third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 135.60 of the penal law, as amended by chapter 426
of the laws of 2008, is amended to read as follows:
§ 135.60 Coercion in the [second] THIRD degree.
A person is guilty of coercion in the [second] THIRD degree when he or
she compels or induces a person to engage in conduct which the latter
has a legal right to abstain from engaging in, or to abstain from engag-
ing in conduct in which he or she has a legal right to engage, or
compels or induces a person to join a group, organization or criminal
enterprise which such latter person has a right to abstain from joining,
by means of instilling in him or her a fear that, if the demand is not
complied with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14233-01-8
A. 9538 2
8. Use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to his or her health, safety, business, calling, career, finan-
cial condition, reputation or personal relationships.
Coercion in the [second] THIRD degree is a class A misdemeanor.
§ 2. The penal law is amended by adding a new section 135.61 to read
as follows:
§ 135.61 COERCION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF COERCION IN THE SECOND DEGREE WHEN HE OR SHE
COMMITS THE CRIME OF COERCION IN THE THIRD DEGREE AS DEFINED IN SECTION
135.60 OF THIS ARTICLE AND THEREBY COMPELS OR INDUCES A PERSON TO ENGAGE
IN SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT AS
SUCH TERMS ARE DEFINED IN SECTION 130 OF THE PENAL LAW.
COERCION IN THE SECOND DEGREE IS A CLASS E FELONY.
§ 3. Section 135.65 of the penal law, as amended by chapter 426 of the
laws of 2008, is amended to read as follows:
§ 135.65 Coercion in the first degree.
A person is guilty of coercion in the first degree when he or she
commits the crime of coercion in the [second] THIRD degree, and when:
1. He or she commits such crime by instilling in the victim a fear
that he or she will cause physical injury to a person or cause damage to
property; or
2. He or she thereby compels or induces the victim to:
(a) Commit or attempt to commit a felony; or
(b) Cause or attempt to cause physical injury to a person; or
(c) Violate his or her duty as a public servant.
Coercion in the first degree is a class D felony.
§ 4. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 526 of the laws of 2013,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, strangulation in the first
degree, strangulation in the second degree, criminal obstruction of
breathing or blood circulation, assault in the second degree, assault in
the third degree, an attempted assault, identity theft in the first
degree, identity theft in the second degree, identity theft in the third
degree, grand larceny in the fourth degree, grand larceny in the third
degree [or], coercion in the second degree OR COERCION IN THE THIRD
DEGREE as set forth in subdivisions one, two and three of section 135.60
of the penal law between spouses or former spouses, or between parent
and child or between members of the same family or household except that
if the respondent would not be criminally responsible by reason of age
pursuant to section 30.00 of the penal law, then the family court shall
have exclusive jurisdiction over such proceeding. Notwithstanding a
A. 9538 3
complainant's election to proceed in family court, the criminal court
shall not be divested of jurisdiction to hear a family offense proceed-
ing pursuant to this section. For purposes of this section, "disorderly
conduct" includes disorderly conduct not in a public place. For purposes
of this section, "members of the same family or household" with respect
to a proceeding in the criminal courts shall mean the following:
§ 5. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 526 of the laws of 2013, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault in the
third degree, an attempted assault, identity theft in the first degree,
identity theft in the second degree, identity theft in the third degree,
grand larceny in the fourth degree, grand larceny in the third degree
[or], coercion in the second degree OR COERCION IN THE THIRD DEGREE as
set forth in subdivisions one, two and three of section 135.60 of the
penal law between spouses or former spouses, or between parent and child
or between members of the same family or household except that if the
respondent would not be criminally responsible by reason of age pursuant
to section 30.00 of the penal law, then the family court shall have
exclusive jurisdiction over such proceeding. Notwithstanding a
complainant's election to proceed in family court, the criminal court
shall not be divested of jurisdiction to hear a family offense proceed-
ing pursuant to this section. In any proceeding pursuant to this arti-
cle, a court shall not deny an order of protection, or dismiss a peti-
tion, solely on the basis that the acts or events alleged are not
relatively contemporaneous with the date of the petition, the conclusion
of the fact-finding or the conclusion of the dispositional hearing. For
purposes of this article, "disorderly conduct" includes disorderly
conduct not in a public place. For purposes of this article, "members of
the same family or household" shall mean the following:
§ 6. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 526 of the laws of 2013, is amended to read
as follows:
(a) An allegation that the respondent assaulted or attempted to
assault his or her spouse, or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one of section 130.60 of the penal law, stalking, criminal
mischief, menacing, reckless endangerment, criminal obstruction of
breathing or blood circulation, strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny in the
third degree [or], coercion in the second degree OR COERCION IN THE
A. 9538 4
THIRD DEGREE as set forth in subdivisions one, two and three of section
135.60 of the penal law, toward any such person;
§ 7. Paragraph c of subdivision 5 of section 120.40 of the penal law,
as added by chapter 635 of the laws of 1999, is amended to read as
follows:
c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined in section 120.13; menacing in the
second degree, as defined in section 120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree, as
defined in section 135.61; COERCION IN THE THIRD DEGREE, AS DEFINED IN
SECTION 135.60; aggravated harassment in the second degree, as defined
in section 240.30; harassment in the first degree, as defined in section
240.25; menacing in the third degree, as defined in section 120.15;
criminal mischief in the third degree, as defined in section 145.05;
criminal mischief in the second degree, as defined in section 145.10,
criminal mischief in the first degree, as defined in section 145.12;
criminal tampering in the first degree, as defined in section 145.20;
arson in the fourth degree, as defined in section 150.05; arson in the
third degree, as defined in section 150.10; criminal contempt in the
first degree, as defined in section 215.51; endangering the welfare of a
child, as defined in section 260.10; or
§ 8. Subdivision 2 of section 240.75 of the penal law, as added by
section 2 of part D of chapter 491 of the laws of 2012, is amended to
read as follows:
2. A "specified offense" is an offense defined in section 120.00
(assault in the third degree); section 120.05 (assault in the second
degree); section 120.10 (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in the second
degree); section 120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11 (criminal obstruction of breathing or
blood circulation); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 130.20 (sexual miscon-
duct); section 130.30 (rape in the second degree); section 130.35 (rape
in the first degree); section 130.40 (criminal sexual act in the third
degree); section 130.45 (criminal sexual act in the second degree);
section 130.50 (criminal sexual act in the first degree); section 130.52
(forcible touching); section 130.53 (persistent sexual abuse); section
130.55 (sexual abuse in the third degree); section 130.60 (sexual abuse
in the second degree); section 130.65 (sexual abuse in the first
degree); section 130.66 (aggravated sexual abuse in the third degree);
section 130.67 (aggravated sexual abuse in the second degree); section
130.70 (aggravated sexual abuse in the first degree); section 130.91
(sexually motivated felony); section 130.95 (predatory sexual assault);
section 130.96 (predatory sexual assault against a child); section
135.05 (unlawful imprisonment in the second degree); section 135.10
(unlawful imprisonment in the first degree); section 135.60 (coercion in
the [second] THIRD degree); SECTION 135.61 (COERCION IN THE SECOND
DEGREE); section 135.65 (coercion in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in the second
A. 9538 5
degree); section 140.30 (burglary in the first degree); section 145.00
(criminal mischief in the fourth degree); section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first degree);
section 145.14 (criminal tampering in the third degree); section 215.50
(criminal contempt in the second degree); section 215.51 (criminal
contempt in the first degree); section 215.52 (aggravated criminal
contempt); section 240.25 (harassment in the first degree); subdivision
one, two or four of section 240.30 (aggravated harassment in the second
degree); aggravated family offense as defined in this section or any
attempt or conspiracy to commit any of the foregoing offenses where the
defendant and the person against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
§ 9. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section 130.35 (rape in the first
degree); subdivision one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual abuse in the
first degree); paragraph (a) of subdivision one of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of subdi-
vision one of section 130.70 (aggravated sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment in the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section 135.60 (coercion in the [second] THIRD
degree); SECTION 135.61 (COERCION IN THE SECOND DEGREE); section 135.65
(coercion in the first degree); section 140.10 (criminal trespass in the
third degree); section 140.15 (criminal trespass in the second degree);
section 140.17 (criminal trespass in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in the second
degree); section 140.30 (burglary in the first degree); section 145.00
(criminal mischief in the fourth degree); section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first degree);
section 150.05 (arson in the fourth degree); section 150.10 (arson in
the third degree); section 150.15 (arson in the second degree); section
150.20 (arson in the first degree); section 155.25 (petit larceny);
section 155.30 (grand larceny in the fourth degree); section 155.35
(grand larceny in the third degree); section 155.40 (grand larceny in
the second degree); section 155.42 (grand larceny in the first degree);
A. 9538 6
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the second degree); section 160.15 (robbery in the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree); or
any attempt or conspiracy to commit any of the foregoing offenses.
§ 10. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.