S T A T E O F N E W Y O R K
________________________________________________________________________
5531
2025-2026 Regular Sessions
I N S E N A T E
February 24, 2025
___________
Introduced by Sen. HELMING -- 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 establishing the crime of
aggravated forcible touching by an incarcerated individual
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 AGGRAVATED FORCIBLE TOUCHING BY AN INCARCERATED INDIVIDUAL.
1. AN INCARCERATED INDIVIDUAL OR RESPONDENT IS GUILTY OF AGGRAVATED
FORCIBLE TOUCHING BY AN INCARCERATED INDIVIDUAL WHEN SUCH INCARCERATED
INDIVIDUAL INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE FORCIBLY TOUCHES
THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON WHOM THEY KNOW OR REASON-
ABLY SHOULD KNOW TO BE AN EMPLOYEE OF A FACILITY, THE BOARD OF PAROLE,
THE OFFICE OF MENTAL HEALTH, A PROBATION DEPARTMENT, BUREAU OR UNIT, OR
A POLICE OFFICER, FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH PERSON OR
FOR THE PURPOSE OF GRATIFYING THE INCARCERATED INDIVIDUAL'S OR RESPOND-
ENT'S SEXUAL DESIRE.
2. FOR PURPOSES OF THIS SECTION:
(A) "INCARCERATED INDIVIDUAL" MEANS AN INCARCERATED INDIVIDUAL OR
DETAINEE IN A CORRECTIONAL FACILITY, LOCAL CORRECTIONAL FACILITY OR A
HOSPITAL, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION FOUR
HUNDRED OF THE CORRECTION LAW;
(B) "RESPONDENT" MEANS A JUVENILE IN A SECURE FACILITY OPERATED AND
MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO IS PLACED
WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
(C) "FACILITY" MEANS A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION
FOUR HUNDRED OF THE CORRECTION LAW, OR A SECURE FACILITY OPERATED AND
MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
AGGRAVATED FORCIBLE TOUCHING BY AN INCARCERATED INDIVIDUAL IS A CLASS
E FELONY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10047-02-5