Assembly Bill A3783

2019-2020 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A3783 (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
2017-2018: A5069

2019-A3783 (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.

2019-A3783 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3783
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. McDONOUGH, CROUCH, PALMESANO, FINCH, RAIA, MORI-
   NELLO, BRABENEC -- Multi-Sponsored by -- M.  of  A.  BARCLAY,  FRIEND,
   GIGLIO,  HAWLEY,  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 189 of the laws of
 2018, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01718-01-9

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