assembly Bill A104

2019-2020 Legislative Session

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

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 09, 2019 referred to codes

Co-Sponsors

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A104 (ACTIVE) - Details

See Senate Version of this Bill:
S7090
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8751
2021-2022: A208, S842

A104 (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.

A104 (ACTIVE) - Bill Text download pdf


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

                                   104

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL, SEAWRIGHT, SIMON, ROZIC, ORTIZ,
  GOTTFRIED, ENGLEBRIGHT, BARNWELL, GALEF,  JAFFEE,  ZEBROWSKI,  WEPRIN,
  D'URSO, SIMOTAS -- 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" 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