S T A T E O F N E W Y O R K
________________________________________________________________________
3225--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Codes -- reported and referred to the Committee on Codes -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the penal law, in relation to including instances of
sexual conduct against a child less than seventeen years of age to
certain sex offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
amended by chapter 1 of the laws of 2000, paragraphs (a) and (b) of
subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
to read as follows:
[1.] A person is guilty of course of sexual conduct against a child in
the first degree when, over a period of time not less than three months
in duration:
[(a)] 1. he or she engages in two or more acts of sexual conduct,
which includes at least one act of sexual intercourse, oral sexual
conduct, anal sexual conduct or aggravated sexual contact, with a child
less than eleven years old; AND INCLUDES AT LEAST ONE ADDITIONAL ACT OF
SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS LESS THAN SEVENTEEN
YEARS OLD; or
[(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
MENT OF THE COURSE OF SEXUAL CONDUCT, engages in two or more acts of
sexual conduct, which include at least one act of sexual intercourse,
oral sexual conduct, anal sexual conduct or aggravated sexual contact,
with a child less than thirteen years old; AND INCLUDES AT LEAST ONE
ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS LESS
THAN SEVENTEEN YEARS OLD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01624-05-1
A. 3225--A 2
[2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.]
§ 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as
amended by chapter 1 of the laws of 2000, are amended to read as
follows:
[1.] A person is guilty of course of sexual conduct against a child in
the second degree when, over a period of time not less than three months
in duration:
[(a)] 1. he or she engages in two or more acts of sexual conduct with
a child, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL CONDUCT WITH THE
CHILD WHEN THE CHILD IS less than eleven years old; AND INCLUDES AT
LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH SUCH CHILD WHEN THE
CHILD IS LESS THAN SEVENTEEN YEARS OLD; or
[(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
MENT OF THE COURSE OF SEXUAL CONDUCT, engages in two or more acts of
sexual conduct with a child, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL
CONDUCT WITH THE CHILD WHEN THE CHILD IS less than thirteen years old;
AND INCLUDES AT LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH SUCH
CHILD WHEN THE CHILD IS LESS THAN SEVENTEEN YEARS OLD.
[2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.]
§ 3. Section 130.96 of the penal law, as added by chapter 107 of the
laws of 2006, is amended to read as follows:
§ 130.96 Predatory sexual assault against a child.
A person is guilty of predatory sexual assault against a child when,
being eighteen years old or more, he or she commits:
1. the crime of rape in the first degree, criminal sexual act in the
first degree, OR aggravated sexual abuse in the first degree, [or course
of sexual conduct against a child in the first degree,] as defined in
this article, and the victim is less than thirteen years old[.]; OR
2. THE CRIME OF A COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
FIRST DEGREE, AS DEFINED IN THIS ARTICLE, AND THE PERSON WAS EIGHTEEN
YEARS OLD OR MORE AND THE VICTIM WAS LESS THAN THIRTEEN YEARS OLD WHEN
THE CONDUCT COMMENCED.
Predatory sexual assault against a child is a class A-II felony.
§ 4. This act shall take effect immediately.