Relates to expanding the definition of sexual contact

Title of bill

An act to amend the penal law, in relation to expanding the definition of sexual contact in regard to sex offenses and making technical corrections to such provisions

Purpose or general idea of bill

To include, in the definition of "sexual contact," the emitting of ejaculate onto the victim.

Summary of specific provisions

Section one amends subdivision 3 of section 130.00 of the penal law, as amended by chapter 650 of the laws of 1984, by expanding the definition of "sexual contact" to include the emission of ejaculate by a person upon any part of a victim, clothed or unclothed. This section also removes the language which excludes married persons; providing that sexual contact is between two people, regardless of marital connection.

Section two amends subdivision 2 of section 260.31 of the penal law, as added by chapter 381 of the laws of 1998, and such section as renumbered by chapter 14 of the laws of 2010, by expanding the definition of "sexual contact" to include the emission of ejaculate by a person upon any part of a victim, clothed or unclothed. This section also removes the language which excludes married persons; providing that sexual contact is between two people, regardless of marital connection. Section three provides the effective date.

Justification

The definition of "sexual contact" found in sections 130.00 and 260.31 of the penal law covers contact from the victim to the actor or from the actor to the victim for the purpose of gratifying sexual desire of either party. However, the definition of "sexual contact" requires an amendment.

The marriage exemption has been removed in order to provide a definition of sexual contact that merely describes the act, without regard to the relationship of the parties involved. In cases of domestic violence or marital rape, a perpetrator should be held accountable, and the law should not provide an exception for married persons.

This legislation also adds "the emission of ejaculate" to the definition of "sexual contact." There have are many instances in New York City, specifically, where an offender has ejaculated on women in the subway. There have been instances of college students ejaculating on sleeping female colleagues. Such an incident caused Connecticut to pass similar legislation. Through DNA testing of bodily substances that are left behind, serial offenders have been identified. Yet in each instance, the offender can only be charged with a B misdemeanor crime, public lewdness, which would be the charge if the perpetrator had exposed himself and had made no physical contact with his victim. Those who make contact with their victims solely through bodily substances are sexual offenders. Changing the definition of sexual contact to include ejaculating on others for the purpose of sexual gratification would allow offenders to be charged under the sexual abuse laws. Seven states already do just that: Colorado; Connecticut; Florida; North Dakota; Oklahoma; Pennsylvania; and Wisconsin.

Prior legislative history

This is a new bill.

Fiscal implication

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.