S T A T E O F N E W Y O R K
________________________________________________________________________
8488
2019-2020 Regular Sessions
I N A S S E M B L Y
August 7, 2019
___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
aggravated sexual assault against a child
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 130.81 to
read as follows:
§ 130.81 AGGRAVATED SEXUAL ASSAULT AGAINST A CHILD.
1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ASSAULT AGAINST A CHILD
WHEN SUCH PERSON, WHILE BEING EIGHTEEN YEARS OLD OR MORE:
(A) COMMITS A SPECIFIED OFFENSE WITH A CHILD LESS THAN THIRTEEN YEARS
OLD;
(B) WHILE KNOWINGLY BEING INFECTED WITH A SEXUALLY TRANSMITTED
DISEASE; AND
(C) ACTUALLY TRANSMITS SUCH SEXUALLY TRANSMITTED DISEASE TO SUCH
CHILD.
2. A "SPECIFIED OFFENSE" IS ANY OF THE FOLLOWING OFFENSES DEFINED IN
THIS ARTICLE: RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35,
CRIMINAL SEXUAL ACT IN THE FIRST DEGREE AS DEFINED IN SECTION 130.50,
AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS DEFINED IN SECTION
130.70, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.75, OR PREDATORY SEXUAL ASSAULT AGAINST A CHILD
AS DEFINED IN SECTION 130.96 OF THIS ARTICLE.
3. A "SEXUALLY TRANSMITTED DISEASE" INCLUDES ANY DISEASE OR INFECTION
IDENTIFIED IN THE LIST PROMULGATED BY THE COMMISSIONER OF HEALTH PURSU-
ANT TO SECTION TWENTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
AGGRAVATED SEXUAL ASSAULT AGAINST A CHILD IS A CLASS E FELONY.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY SENTENCE
IMPOSED PURSUANT TO A CONVICTION UNDER THIS SECTION IS TO BE SERVED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13493-02-9
A. 8488 2
CONSECUTIVE TO ANY SENTENCE IMPOSED FOR THE UNDERLYING SPECIFIED
OFFENSE.
§ 2. Paragraph (d) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 OF
THIS CHAPTER as a lesser included offense of that section as defined in
section 220.20 of the criminal procedure law, persistent sexual abuse as
defined in section 130.53, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, AGGRAVATED SEXUAL ASSAULT AGAINST A
CHILD AS DEFINED IN SECTION 130.81, falsely reporting an incident in the
second degree as defined in section 240.55 and placing a false bomb or
hazardous substance in the second degree as defined in section 240.61 OF
THIS CHAPTER.
§ 3. Subdivision 2 of section 70.25 of the penal law, as amended by
chapter 56 of the laws of 1984, is amended to read as follows:
2. When more than one sentence of imprisonment is imposed on a person
for two or more offenses committed through a single act or omission, or
through an act or omission which in itself constituted one of the
offenses and also was a material element of the other, the sentences,
except if one or more of such sentences is for a violation of section
270.20 OR 130.81 of this chapter, must run concurrently.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.