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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A8781
- Ordered to third reading cal.978
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the crimes of aggravated sexual conduct and aggravated sexual abuse
Signed by Governor · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated sexual abuse
Purpose
To make the aggravated sexual abuse statutes consistent with the criminal sexual act statutes by adding the word "anus" to the list of certain parts of the body of a victim.
Summary of provisions
Section 1 through 6 amends the penal law to include the word "anus" to the list of certain body parts in for purposes relating to defining aggravated sexual contact and aggravated sexual abuse in the first, second, third and fourth degrees.
Section 7 sets the effective date.
Justification
This legislation makes the aggravated sexual abuse statutes consistent with the criminal sexual act statutes. Currently, the word "rectum" is in the aggravated sexual abuse statutes, whereas "anus" is the word used in the criminal sexual act statutes. Both statutes criminalize sexual assault, yet the inconsistency in the statutes has resulted in unintended and inconsistent results. There is a medical/anatomical difference between the two parts of the body. In order to prove the commission of the crime of aggravated sexual abuse, victims, including children, have had to give detailed testimony in court as the depth of penetration: the rectum being more internal. Cases have been dismissed and defendants have been found innocent because prosecutors have have not been able to prove that a foreign object or finger was inserted during a criminal act, into the rectum because the anus is the place of insertion.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.