S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    490
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. FERNANDEZ, ADDABBO, BORRELLO, ROLISON -- 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  including  instances  of
   sexual  conduct  against  a  child less than seventeen years of age to
   certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended  by  chapter  1  of  the laws of 2000, paragraphs (a) and (b) of
 subdivision 1 as amended by chapter 777 of the laws of 2023, are amended
 to read as follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the first degree when, over a period of time not less than three  months
 in duration:
   [(a)  he  or she] 1. SUCH PERSON engages in two or more acts of sexual
 conduct, which includes at least one act of vaginal sexual contact, oral
 sexual contact, anal sexual contact or aggravated sexual contact, with a
 child less than eleven years old; AND INCLUDES AT LEAST  ONE  ADDITIONAL
 ACT OF SEXUAL CONTACT WITH THE CHILD WHEN THAT CHILD IS LESS THAN SEVEN-
 TEEN YEARS OLD; or
   [(b)  he  or she] 2. SUCH PERSON, being eighteen years old or more, AT
 THE COMMENCEMENT OF THE COURSE OF SEXUAL CONTACT, engages in two or more
 acts of sexual conduct, which include at least one act of vaginal sexual
 contact, oral sexual contact, anal sexual contact or  aggravated  sexual
 contact,  with  a  child  less  than thirteen years old; AND INCLUDES AT
 LEAST ONE ADDITIONAL ACT OF SEXUAL CONTACT  WITH  THE  CHILD  WHEN  THAT
 CHILD IS LESS THAN SEVENTEEN YEARS OLD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01846-01-5
 S. 490                              2
              

 
   [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.]
   §  2.  Subdivisions  1  and  2  of section 130.80 of the penal law, as
 amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
 follows:
   [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] 1. SUCH PERSON engages in two or more acts of sexual
 conduct with a child, WHICH INCLUDES AT LEAST ONE ACT OF SEXUAL  CONDUCT
 WITH  THE  CHILD  WHEN  THE  CHILD  IS  less  than eleven years old; AND
 INCLUDES AT LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH  SUCH  CHILD
 WHEN THE CHILD IS LESS THAN SEVENTEEN YEARS OLD; or
   [(b)  he  or she] 2. SUCH PERSON, being eighteen years old or more, AT
 THE COMMENCEMENT OF THE COURSE OF SEXUAL CONDUCT, engages in two or more
 acts of sexual conduct with a child, WHICH INCLUDES AT LEAST ONE ACT  OF
 SEXUAL CONDUCT WITH THE CHILD WHEN THE CHILD IS less than thirteen years
 old;  AND  INCLUDES  AT  LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH
 SUCH CHILD WHEN THE CHILD IS LESS THAN SEVENTEEN 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.]
   § 3. Section 130.96 of the penal law, as added by chapter 107  of  the
 laws of 2006, the opening paragraph as amended by chapter 23 of the laws
 of 2024, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A  person  is guilty of predatory sexual assault against a child when,
 being eighteen years old or more, [he or she] SUCH PERSON commits:
   1. the crime of rape in the first degree, a crime formerly defined  in
 section 130.50 of this title, OR the crime of 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 the victim is  less  than
 thirteen years old[.]; OR
   2.  THE  CRIME  OF  A  COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
 FIRST DEGREE, AS DEFINED IN THIS ARTICLE, AND THE  PERSON  WAS  EIGHTEEN
 YEARS  OLD  OR MORE AND THE VICTIM WAS LESS THAN THIRTEEN YEARS OLD WHEN
 THE CONDUCT COMMENCED.
   Predatory sexual assault against a child is a class A-II felony.
   § 4. This act shall take effect immediately.