BILL NUMBER: S4422

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
sexual harassment

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen protections for victims of sexually-motivated physical
violence.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 240.33 to the penal law to provide that a
person is guilty of the class A misdemeanor of sexual harassment if, for
the purpose of sexual arousal or gratification, and without consent,
they slap, strike, shove or kick another person, or subject another
person to physical contact, or attempts or threatens physical contact.

Section 2 sets the effective date.
              

 
JUSTIFICATION:

The recent investigation of abuse allegations against former Attorney
General Eric Schneidennan highlighted deficits in our laws that preclude
criminal charges in many cases of non-consensual, sexually-motivated
violence. It is critical that the legislature acts to fix these short-
comings in order to remove barriers to justice for victims and prevent
future perpetrators from evading consequences.  Under current state law,
the act of slapping, striking, or kicking an individual without their
consent can only be charged if.the perpetrator's intent was to "alarm,
harass, or annoy" or there is sufficient proof that the victim suffered
a physical injury.  Establishing a new misdemeanor offense for acts of
violence committed for the purpose of sexual arousal or gratification
will provide prosecutors with an important new tool to hold domestic
abusers accountable for their conduct. This legislation is a crucial
step towards ensuring our laws protect all victims of intimate partner
violence and recognize the lasting harm these acts of abuse cause.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S747 / A2200

2019-2020: S2874 / A7382

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.