S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1606
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   forcible touching of a correction officer, and  to  increase  criminal
   penalties  for  certain  sexual  offenses committed against correction
   officers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 130.52-a
 to read as follows:
 § 130.52-A FORCIBLE TOUCHING OF A CORRECTION OFFICER.
   A PERSON IS GUILTY OF FORCIBLE TOUCHING OF A CORRECTION  OFFICER  WHEN
 SUCH  PERSON  INTENTIONALLY,  AND  FOR  NO  LEGITIMATE PURPOSE, FORCIBLY
 TOUCHES THE SEXUAL OR OTHER INTIMATE PARTS OF A CORRECTION  OFFICER  FOR
 THE  PURPOSE OF DEGRADING OR ABUSING SUCH OFFICER, OR FOR THE PURPOSE OF
 GRATIFYING THE ACTOR'S SEXUAL DESIRE, WHEN SUCH  CORRECTION  OFFICER  IS
 ACTING IN THE COURSE OF THEIR EMPLOYMENT.
   FOR  THE  PURPOSES OF THIS SECTION, FORCIBLE TOUCHING INCLUDES SQUEEZ-
 ING, GRABBING OR PINCHING.
   FORCIBLE TOUCHING OF A CORRECTION OFFICER IS A CLASS E FELONY.
   § 2. Section 130.20 of the penal law, as amended by chapter 1  of  the
 laws  of  2000,  subdivision  2 as amended by chapter 264 of the laws of
 2003, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1. He or she engages in sexual intercourse with another person without
 such person's consent; or
   2. He or she engages in oral sexual conduct  or  anal  sexual  conduct
 with another person without such person's consent; or
   3.  He or she engages in sexual conduct with an animal or a dead human
 body.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01241-01-3
              

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   Sexual misconduct is a class A misdemeanor,  PROVIDED,  HOWEVER,  THAT
 WHEN  A PERSON IS GUILTY OF SEXUAL MISCONDUCT AGAINST A CORRECTION OFFI-
 CER WHEN SUCH CORRECTION OFFICER  IS  ACTING  IN  THE  COURSE  OF  THEIR
 EMPLOYMENT, SEXUAL MISCONDUCT IS A CLASS E FELONY.
   §  3.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
   1. He or she engages in sexual intercourse with another person who  is
 incapable of consent by reason of some factor other than being less than
 seventeen years old;
   2.  Being  twenty-one  years  old or more, he or she engages in sexual
 intercourse with another person less than seventeen years old; or
   3. He or she engages in sexual intercourse with another person without
 such person's consent where such lack of consent is by  reason  of  some
 factor other than incapacity to consent.
   Rape  in the third degree is a class E felony, PROVIDED, HOWEVER, THAT
 WHEN A PERSON IS GUILTY OF RAPE IN THE THIRD DEGREE AGAINST A CORRECTION
 OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE  OF  THEIR
 EMPLOYMENT, RAPE IN THE THIRD DEGREE IS A CLASS D FELONY.
   §  4.  Section 130.30 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.30 Rape in the second degree.
   A person is guilty of rape in the second degree when:
   1. being eighteen years old or more,  he  or  she  engages  in  sexual
 intercourse with another person less than fifteen years old; or
   2.  he or she engages in sexual intercourse with another person who is
 incapable of consent by reason of being mentally  disabled  or  mentally
 incapacitated.
   It  shall be an affirmative defense to the crime of rape in the second
 degree as defined in subdivision one of this section that the  defendant
 was less than four years older than the victim at the time of the act.
   Rape in the second degree is a class D felony, PROVIDED, HOWEVER, THAT
 WHEN  A  PERSON  IS  GUILTY  OF  RAPE  IN  THE  SECOND  DEGREE AGAINST A
 CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE
 OF THEIR EMPLOYMENT, RAPE IN THE SECOND DEGREE IS A CLASS C FELONY.
   §  5.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when he or she  engages
 in sexual intercourse with another person:
   1. By forcible compulsion; or
   2. Who is incapable of consent by reason of being physically helpless;
 or
   3. Who is less than eleven years old; or
   4. Who is less than thirteen years old and the actor is eighteen years
 old or more.
   Rape  in the first degree is a class B felony, PROVIDED, HOWEVER, THAT
 WHEN A PERSON IS GUILTY OF RAPE IN THE FIRST DEGREE AGAINST A CORRECTION
 OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE  OF  THEIR
 EMPLOYMENT, RAPE IN THE FIRST DEGREE IS A CLASS A-II FELONY.
   § 6. Section 130.40 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 130.40 Criminal sexual act in the third degree.
   A person is guilty of criminal sexual act in the third degree when:
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   1.  He  or  she  engages in oral sexual conduct or anal sexual conduct
 with a person who is incapable of consent by reason of some factor other
 than being less than seventeen years old;
   2. Being twenty-one years old or more, he or she engages in oral sexu-
 al  conduct  or  anal  sexual  conduct with a person less than seventeen
 years old; or
   3. He or she engages in oral sexual conduct  or  anal  sexual  conduct
 with  another  person  without  such person's consent where such lack of
 consent is by reason of some factor other than incapacity to consent.
   Criminal sexual act in the third degree is a class E felony, PROVIDED,
 HOWEVER, THAT WHEN A PERSON IS GUILTY OF  CRIMINAL  SEXUAL  ACT  IN  THE
 THIRD  DEGREE  AGAINST A CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER
 IS ACTING IN THE COURSE OF THEIR EMPLOYMENT, CRIMINAL SEXUAL ACT IN  THE
 THIRD DEGREE IS A CLASS D FELONY.
   § 7. Section 130.45 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 130.45 Criminal sexual act in the second degree.
   A person is guilty of criminal sexual act in the second degree when:
   1.  being eighteen years old or more, he or she engages in oral sexual
 conduct or anal sexual conduct with another  person  less  than  fifteen
 years old; or
   2.  he  or  she  engages in oral sexual conduct or anal sexual conduct
 with another person who is incapable  of  consent  by  reason  of  being
 mentally disabled or mentally incapacitated.
   It shall be an affirmative defense to the crime of criminal sexual act
 in  the second degree as defined in subdivision one of this section that
 the defendant was less than four years older than the victim at the time
 of the act.
   Criminal sexual act  in  the  second  degree  is  a  class  D  felony,
 PROVIDED,  HOWEVER,  THAT WHEN A PERSON IS GUILTY OF CRIMINAL SEXUAL ACT
 IN THE SECOND DEGREE AGAINST A CORRECTION OFFICER WHEN  SUCH  CORRECTION
 OFFICER IS ACTING IN THE COURSE OF THEIR EMPLOYMENT, CRIMINAL SEXUAL ACT
 IN THE SECOND DEGREE IS A CLASS C FELONY.
   § 8. Section 130.50 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 130.50 Criminal sexual act in the first degree.
   A  person is guilty of criminal sexual act in the first degree when he
 or she engages in oral sexual conduct or anal sexual conduct with anoth-
 er person:
   1. By forcible compulsion; or
   2. Who is incapable of consent by reason of being physically helpless;
 or
   3. Who is less than eleven years old; or
   4. Who is less than thirteen years old and the actor is eighteen years
 old or more.
   Criminal sexual act in the first degree is a class B felony, PROVIDED,
 HOWEVER, THAT WHEN A PERSON IS GUILTY OF  CRIMINAL  SEXUAL  ACT  IN  THE
 FIRST  DEGREE  AGAINST A CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER
 IS ACTING IN THE COURSE OF THEIR EMPLOYMENT, CRIMINAL SEXUAL ACT IN  THE
 FIRST DEGREE IS A CLASS A-II FELONY.
   § 9. Section 130.53 of the penal law, as amended by chapter 192 of the
 laws of 2014, is amended to read as follows:
 § 130.53 Persistent sexual abuse.
   A  person  is guilty of persistent sexual abuse when he or she commits
 the crime of forcible touching, as defined in  section  130.52  of  this
 article,  sexual abuse in the third degree, as defined in section 130.55
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 of this article, or sexual abuse in the second  degree,  as  defined  in
 section  130.60 of this article, and, within the previous ten year peri-
 od, excluding any time during which such person was incarcerated for any
 reason, has been convicted two or more times, in separate criminal tran-
 sactions for which sentence was imposed on separate occasions, of forci-
 ble touching, as defined in section 130.52 of this article, sexual abuse
 in the third degree, as defined in section 130.55 of this article, sexu-
 al  abuse  in  the  second  degree, as defined in section 130.60 of this
 article, or any offense defined in this article, of which the commission
 or attempted commission thereof is a felony.
   Persistent sexual abuse is a class E felony, PROVIDED,  HOWEVER,  THAT
 WHEN  A PERSON IS GUILTY OF PERSISTENT SEXUAL ABUSE AGAINST A CORRECTION
 OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE  OF  THEIR
 EMPLOYMENT, PERSISTENT SEXUAL ABUSE IS A CLASS D FELONY.
   §  10. Section 130.55 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.55 Sexual abuse in the third degree.
   A person is guilty of sexual abuse in the third degree when he or  she
 subjects  another person to sexual contact without the latter's consent;
 except that in any prosecution under this section, it is an  affirmative
 defense  that  (a) such other person's lack of consent was due solely to
 incapacity to consent by reason of being less than seventeen years  old,
 and  (b) such other person was more than fourteen years old, and (c) the
 defendant was less than five years older than such other person.
   Sexual abuse in the third degree is a class B  misdemeanor,  PROVIDED,
 HOWEVER,  THAT  WHEN  A  PERSON  IS  GUILTY OF SEXUAL ABUSE IN THE THIRD
 DEGREE AGAINST A CORRECTION OFFICER  WHEN  SUCH  CORRECTION  OFFICER  IS
 ACTING  IN  THE  COURSE  OF  THEIR EMPLOYMENT, SEXUAL ABUSE IN THE THIRD
 DEGREE IS A CLASS A MISDEMEANOR.
   § 11. Section 130.60 of the penal law, as amended by chapter 1 of  the
 laws of 2000, is amended to read as follows:
 § 130.60 Sexual abuse in the second degree.
   A person is guilty of sexual abuse in the second degree when he or she
 subjects another person to sexual contact and when such other person is:
   1. Incapable of consent by reason of some factor other than being less
 than seventeen years old; or
   2. Less than fourteen years old.
   Sexual  abuse in the second degree is a class A misdemeanor, PROVIDED,
 HOWEVER, THAT WHEN A PERSON IS GUILTY OF  SEXUAL  ABUSE  IN  THE  SECOND
 DEGREE  AGAINST  A  CORRECTION  OFFICER  WHEN SUCH CORRECTION OFFICER IS
 ACTING IN THE COURSE OF THEIR EMPLOYMENT, SEXUAL  ABUSE  IN  THE  SECOND
 DEGREE IS A CLASS E FELONY.
   § 12. Section 130.65 of the penal law, as amended by chapter 26 of the
 laws of 2011, is amended to read as follows:
 § 130.65 Sexual abuse in the first degree.
   A  person is guilty of sexual abuse in the first degree when he or she
 subjects another person to sexual contact:
   1. By forcible compulsion; or
   2. When the other person is incapable of consent by  reason  of  being
 physically helpless; or
   3. When the other person is less than eleven years old; or
   4. When the other person is less than thirteen years old and the actor
 is twenty-one years old or older.
   Sexual abuse in the first degree is a class D felony, PROVIDED, HOWEV-
 ER,  THAT  WHEN  A  PERSON IS GUILTY OF SEXUAL ABUSE IN THE FIRST DEGREE
 AGAINST A CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER IS  ACTING  IN
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 THE  COURSE  OF  THEIR EMPLOYMENT, SEXUAL ABUSE IN THE FIRST DEGREE IS A
 CLASS C FELONY.
   §  13. Section 130.65-a of the penal law, as added by chapter 1 of the
 laws of 2000, subdivision 1 as amended by chapter 485  of  the  laws  of
 2009, is amended to read as follows:
 § 130.65-a Aggravated sexual abuse in the fourth degree.
   1.  A person is guilty of aggravated sexual abuse in the fourth degree
 when:
   (a) He or she inserts a foreign object in the vagina, urethra,  penis,
 rectum  or  anus  of another person and the other person is incapable of
 consent by reason of some factor other than being  less  than  seventeen
 years old; or
   (b)  He  or she inserts a finger 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 some factor other than
 being less than seventeen years old.
   2. Conduct performed for a valid medical purpose does not violate  the
 provisions of this section.
   Aggravated  sexual  abuse  in  the  fourth degree is a class E felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  FOURTH  DEGREE  AGAINST  A  CORRECTION OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF THEIR  EMPLOYMENT,  AGGRA-
 VATED SEXUAL ABUSE IN THE FOURTH DEGREE IS A CLASS D FELONY.
   §  14. Section 130.66 of the penal law, as added by chapter 181 of the
 laws of 1996, subdivision 1 as amended by chapter 647  of  the  laws  of
 2022,  subdivision  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 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;
   (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. 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.
   Aggravated  sexual  abuse  in  the  third  degree is a class D felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  THIRD  DEGREE  AGAINST  A  CORRECTION  OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF THEIR  EMPLOYMENT,  AGGRA-
 VATED SEXUAL ABUSE IN THE THIRD DEGREE IS A CLASS C FELONY.
   §  15. Section 130.67 of the penal law, as added by chapter 450 of the
 laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
 ter 485 of the laws of 2009, is amended to read as follows:
 § 130.67 Aggravated sexual abuse in the second degree.
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   1. A person is guilty of aggravated sexual abuse in the second  degree
 when he or she inserts a finger in the vagina, urethra, penis, rectum or
 anus of another person causing physical injury to such 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. Conduct performed for a valid medical purpose does not violate  the
 provisions of this section.
   Aggravated  sexual  abuse  in  the  second degree is a class C felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  SECOND  DEGREE  AGAINST  A  CORRECTION OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF THEIR  EMPLOYMENT,  AGGRA-
 VATED SEXUAL ABUSE IN THE SECOND DEGREE IS A CLASS B FELONY.
   §  16.  Section  130.70 of the penal law, as amended by chapter 450 of
 the laws of 1988, the opening paragraph of subdivision 1 as  amended  by
 chapter 485 of the laws of 2009, is amended to read as follows:
 § 130.70 Aggravated sexual abuse in the first degree.
   1.  A  person is guilty of aggravated sexual abuse in the first 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:
   (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. Conduct performed for a valid medical purpose does not violate  the
 provisions of this section.
   Aggravated  sexual  abuse  in  the  first  degree is a class B felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  FIRST  DEGREE  AGAINST  A  CORRECTION  OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF THEIR  EMPLOYMENT,  AGGRA-
 VATED SEXUAL ABUSE IN THE FIRST DEGREE IS A CLASS A-II FELONY.
   §  17. Section 130.85 of the penal law, as added by chapter 618 of the
 laws of 1997, is amended to read as follows:
 § 130.85 Female genital mutilation.
   1. A person is guilty of female genital mutilation when:
   (a) a person knowingly circumcises, excises, or infibulates the  whole
 or  any  part of the labia majora or labia minora or clitoris of another
 person who has not reached eighteen years of age; or
   (b) being a parent, guardian or other person legally  responsible  and
 charged  with  the  care  or custody of a child less than eighteen years
 old, he or she knowingly consents to the circumcision, excision or infi-
 bulation of whole or part of such child's labia majora or  labia  minora
 or clitoris.
   2.  Such circumcision, excision, or infibulation is not a violation of
 this section if such act is:
   (a) necessary to the health of the person on whom it is performed, and
 is performed by a person licensed in the place of its performance  as  a
 medical practitioner; or
   (b)  performed on a person in labor or who has just given birth and is
 performed for medical purposes connected with that labor or birth  by  a
 person  licensed in the place it is performed as a medical practitioner,
 midwife, or person in training to become such a practitioner or midwife.
   3. For the purposes of  paragraph  (a)  of  subdivision  two  of  this
 section,  no  account shall be taken of the effect on the person on whom
 such procedure is to be performed of any belief on the part of  that  or
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 any  other  person that such procedure is required as a matter of custom
 or ritual.
   Female genital mutilation is a class E felony, PROVIDED, HOWEVER, THAT
 WHEN  A  PERSON  IS  GUILTY  OF  FEMALE  GENITAL  MUTILATION  AGAINST  A
 CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE
 OF THEIR EMPLOYMENT, FEMALE GENITAL MUTILATION IS A CLASS D FELONY.
   §  18.  Section  130.90 of the penal law, as added by chapter 1 of the
 laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 130.90 Facilitating a sex offense with a controlled substance.
   A person is guilty of facilitating a sex  offense  with  a  controlled
 substance when he or she:
   1.  knowingly  and  unlawfully possesses a controlled substance or any
 preparation, compound, mixture or substance that requires a prescription
 to obtain and  administers  such  substance  or  preparation,  compound,
 mixture  or  substance that requires a prescription to obtain to another
 person without such person's consent and with intent to  commit  against
 such person conduct constituting a felony defined in this article; and
   2.  commits  or  attempts to commit such conduct constituting a felony
 defined in this article.
   Facilitating a sex offense with a controlled substance is  a  class  D
 felony,  PROVIDED, HOWEVER, THAT WHEN A PERSON IS GUILTY OF FACILITATING
 A SEX OFFENSE WITH A CONTROLLED SUBSTANCE AGAINST A  CORRECTION  OFFICER
 WHEN  SUCH  CORRECTION  OFFICER IS ACTING IN THE COURSE OF THEIR EMPLOY-
 MENT, FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE IS A  CLASS
 C FELONY.
   §  19. Section 130.95 of the penal law, as added by chapter 107 of the
 laws of 2006, is amended to read as follows:
 § 130.95 Predatory sexual assault.
   A person is guilty of predatory sexual assault when he or she  commits
 the  crime of rape in the first degree, criminal sexual act in the first
 degree, 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 when:
   1. In the course of the commission  of  the  crime  or  the  immediate
 flight therefrom, he or she:
   (a) Causes serious physical injury to the victim of such crime; or
   (b) Uses or threatens the immediate use of a dangerous instrument; or
   2.  He or she has engaged in conduct constituting the crime of rape in
 the first degree, criminal sexual act in the  first  degree,  aggravated
 sexual  abuse in the first degree, or course of sexual conduct against a
 child in the first degree, as defined in this article,  against  one  or
 more additional persons; or
   3. He or she has previously been subjected to a conviction for a felo-
 ny  defined in this article, incest as defined in section 255.25 of this
 [chapter] PART or use of a child in a sexual performance as  defined  in
 section 263.05 of this [chapter] PART.
   Predatory  sexual  assault  is a class A-II felony, PROVIDED, HOWEVER,
 THAT WHEN A PERSON IS GUILTY  OF  PREDATORY  SEXUAL  ASSAULT  AGAINST  A
 CORRECTION  OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE COURSE
 OF THEIR EMPLOYMENT, PREDATORY SEXUAL ASSAULT IS A CLASS A-I FELONY.
   § 20. This act shall take effect immediately.