Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 27, 2022 |
referred to codes |
Senate Bill S8898
2021-2022 Legislative Session
Sponsored By
(D) 11th Senate District
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
Actions
co-Sponsors
(D) 15th Senate District
2021-S8898 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9662
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Rpld §130.65-a, amd §§130.66, 130.67, 130.70, 130.05 & 130.10, Pen L
- Versions Introduced in 2023-2024 Legislative Session:
-
S3578
2021-S8898 (ACTIVE) - Summary
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.
2021-S8898 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8898 SPONSOR: STAVISKY TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to correct inconsistencies in the penal law relating to the aggravated sexual abuse of children under the age of thirteen SUMMARY OF PROVISIONS: Section 1: repeals section 130.65-a of the penal law, aggravated sexual abuse in the fourth degree. Section 2: amends section 130.66 of the penal law, aggravated sexual abuse in the third degree, to make the intentional touching, with no
2021-S8898 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8898 I N S E N A T E April 27, 2022 ___________ Introduced by Sen. STAVISKY -- 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 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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