Repeals provisions relating to aggravated sexual abuse in the fourth degree; expands the definition of aggravated sexual abuse in the third degree to include intentional touching, for no legitimate purpose, of certain sexual or other intimate parts of a person under the age of thirteen for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire.
S T A T E O F N E W Y O R K
________________________________________________________________________
9662
I N A S S E M B L Y
March 28, 2022
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to aggravated sexual abuse
against children under age thirteen; and to repeal section 130.65-a of
the penal law relating to aggravated sexual abuse in the fourth degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 130.65-a of the penal law is REPEALED.
§ 2. Section 130.66 of the penal law, as added by chapter 181 of the
laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
of 2009, and subdivision 3 as renumbered by chapter 1 of the laws of
2000, is amended to read as follows:
§ 130.66 Aggravated sexual abuse in the third degree.
[1. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object 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.
2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such person
and such person is incapable of consent by reason of being mentally
disabled or mentally incapacitated.
3. Conduct performed for a valid medical purpose does not violate the
provisions of this section] A PERSON IS GUILTY OF AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE WHEN SUCH PERSON INTENTIONALLY, AND FOR NO
LEGITIMATE PURPOSE, TOUCHES THE VAGINA, VULVA, PENIS, RECTUM, OR ANUS OF
ANOTHER PERSON USING A FINGER, HAND, OR FOREIGN OBJECT FOR THE PURPOSE
OF DEGRADING OR ABUSING SUCH PERSON, OR FOR THE PURPOSE OF GRATIFYING
THE ACTOR'S SEXUAL DESIRE, WHEN SUCH OTHER PERSON IS UNDER THE AGE OF
THIRTEEN.
Aggravated sexual abuse in the third degree is a class [D] E felony.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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