Senate Bill S7090

2019-2020 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 Senate Committee Codes 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-S7090 (ACTIVE) - Details

See Assembly Version of this Bill:
A104
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.52, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8751
2021-2022: S842, A208
2023-2024: S4426, A70

2019-S7090 (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.

2019-S7090 (ACTIVE) - Sponsor Memo

2019-S7090 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7090
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed 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
                       [ ] is old law to be omitted.
                                                            LBD01844-01-9

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