Provides that sexual abuse in the 2nd degree is a class E felony

3 Co-sponsors

• Tony Avella
• Diane J. Savino
• Toby Ann Stavisky

BILL NUMBER:S1618

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 S.62 of 2009 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES

Fiscal implications for state and local government

None.

Effective date

This act shall take effect immediately.