Assembly Bill A7079C

2021-2022 Legislative Session

Increases the severity of the offense of sexual conduct against a child in the second degree

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Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2021-A7079 - Details

See Senate Version of this Bill:
S9447
Law Section:
Penal Law
Laws Affected:
Amd §130.66, Pen L

2021-A7079 - Summary

Expands the definition of the offense of sexual conduct against a child in the third degree to include at least one act of specified types of sexual contact.

2021-A7079 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7079
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to including  the  use  of  a
   finger  in  the definition of course of sexual conduct against a child
   in the first degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 130.75
 of the penal law, as amended by chapter 264 of the  laws  of  2003,  are
 amended to read as follows:
   (a)  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, INSERTING A FINGER IN THE VAGINA, URETHRA, PENIS,
 RECTUM OR ANUS or aggravated sexual contact,  with  a  child  less  than
 eleven years old; or
   (b)  he  or  she,  being eighteen years old or more, engages in two or
 more acts of sexual conduct, which include at least one  act  of  sexual
 intercourse,  oral  sexual  conduct,  anal  sexual  conduct, INSERTING A
 FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS or aggravated sexu-
 al contact, with a child less than thirteen years old.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10674-01-1

co-Sponsors

2021-A7079A - Details

See Senate Version of this Bill:
S9447
Law Section:
Penal Law
Laws Affected:
Amd §130.66, Pen L

2021-A7079A - Summary

Expands the definition of the offense of sexual conduct against a child in the third degree to include at least one act of specified types of sexual contact.

2021-A7079A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7079--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. BURDICK, THIELE, DICKENS, GUNTHER, FERNANDEZ,
   OTIS, CLARK, JACKSON, RICHARDSON,  GONZALEZ-ROJAS  --  read  once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to amend the penal law, in relation to sexual conduct against a
   child in the second degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.80 of the penal law, as amended by chapter 1 of
 the laws of 2000, is amended to read as follows:
 § 130.80 Course of sexual conduct against a child in the second degree.
   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) he or she engages in two or more acts of  sexual  conduct  with  a
 child less than eleven years old; or
   (b)  he  or  she,  being eighteen years old or more, engages in two or
 more acts of sexual conduct with a child less than thirteen 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.
   Course of sexual conduct against a child in the  second  degree  is  a
 class [D] C felony.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10674-02-1

co-Sponsors

2021-A7079B - Details

See Senate Version of this Bill:
S9447
Law Section:
Penal Law
Laws Affected:
Amd §130.66, Pen L

2021-A7079B - Summary

Expands the definition of the offense of sexual conduct against a child in the third degree to include at least one act of specified types of sexual contact.

2021-A7079B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7079--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. BURDICK, THIELE, DICKENS, GUNTHER, FERNANDEZ,
   OTIS, CLARK, JACKSON, GONZALEZ-ROJAS, KELLES, EPSTEIN -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to sexual conduct against a
   child in the second degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.80 of the penal law, as amended by chapter 1 of
 the laws of 2000, is amended to read as follows:
 § 130.80 Course of sexual conduct against a child in the second degree.
   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) 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, INSERTING A FINGER IN THE VAGINA,  URETHRA,  PENIS,
 RECTUM  OR  ANUS  OR  AGGRAVATED  SEXUAL CONTACT, with a child less than
 eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL
 INTERCOURSE, ORAL SEXUAL  CONDUCT,  ANAL  SEXUAL  CONDUCT,  INSERTING  A
 FINGER IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OR AGGRAVATED SEXU-
 AL CONTACT, with a child less than thirteen 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10674-06-2
 A. 7079--B                          2

co-Sponsors

2021-A7079C (ACTIVE) - Details

See Senate Version of this Bill:
S9447
Law Section:
Penal Law
Laws Affected:
Amd §130.66, Pen L

2021-A7079C (ACTIVE) - Summary

Expands the definition of the offense of sexual conduct against a child in the third degree to include at least one act of specified types of sexual contact.

2021-A7079C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7079--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. BURDICK, THIELE, DICKENS, GUNTHER, FERNANDEZ,
   OTIS, CLARK, JACKSON, GONZALEZ-ROJAS, KELLES, EPSTEIN -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to sexual conduct against a
   child in the third degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  130.66  of the penal law, as
 amended by chapter 485 of the laws  of  2009,  is  amended  to  read  as
 follows:
   1.  A  person is guilty of aggravated sexual abuse in the third degree
 when he or she inserts a foreign object  OR  A  FINGER  in  the  vagina,
 urethra, penis, rectum or anus of another person:
   (a) By forcible compulsion; or
   (b)  When  the other person is incapable of consent by reason of being
 physically helpless; [or]
   (c) When the other person is less than eleven years old[.]; OR
   (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
 ACTOR IS EIGHTEEN YEARS OF AGE OR OLDER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10674-08-2

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