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History
- Referred to codes
- Referred to codes
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.
Provides that sexual abuse in the 2nd degree is a class E felony
In Assembly Committee · Codes · Sponsor Darryl Towns
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 changing sexual abuse in the second degree from a class A misdemeanor to a class E felony
Purpose or general idea of bill
To raise the penalty for sexual abuse in the second degree from a class A misdemeanor to a class E felony.
Summary of specific provisions
Section 130.60 of the Penal Law is amended to increase the penalty for this crime from a class A misdemeanor to a class E felony.
Justification
Under current law the crime of sexual abuse in the second degree is punishable by up to one year in prison. Victims of sexual abuse will remember and relive the horror and trauma of their attacks for the rest of their lives. Being fondled or touched in such an inappropriate manner is humiliating and degrading. Victims of sexual abuse in the second degree are, by definition, incapable of giving consent or they are under the age of 14 years. Sexual abuse in the first degree is a D felony, however, this statute is only applicable where there is force, where the victim is incapable of giving consent or where the victim is less than 11 years old. Thus, perpetrators who fondle or otherwise come into sexual contact with victims between the ages of 11 and 13 are only eligible for up to one year in prison. This sentence is simply inadequate to deter this conduct or punish offenders who may repeatedly engage in this crime.
Prior legislative history
S.115 of 2008 01/09/08 REFERRED TO CODES 04/30/08 PASSED SENATE
Fiscal implications for state and local government
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.