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Sponsors
Senator · Senate District 40
No co-sponsors yet.
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.
Relates to the offenses of sexual abuse and aggravated sexual abuse
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5053
Title of bill
An act to amend the penal law, in relation to expanding the definition of sex offenses and making technical corrections to such provisions
Purpose
To expand the crimes of "sexual abuse' and "aggravated sexual abuse" and the definition of "sexual contact" to include the act of causing another person to touch him or herself with or without a foreign object. To add to the definition of "sexual contact" the emitting of urine or feces onto the victim.
Read the full memo (754 words)
Summary of provisions
Section one amends subdivision 3 of section 130.00 of the penal law, as amended by chapter 193 of the laws of 2010, by expanding the definition of "sexual contact" to include "the touching of the victim by himself or herself at the direction of the actor." The definition of "sexual contact" is further expanded to include the emission of urine or feces by a person upon any part of a victim, clothed or unclothed.
Section two amends section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, by adding that, in addition to the elements which now constitute the crime of sexual abuse in the second degree, it shall be considered sexual abuse in the second degree when the sexual contact constitutes the emission of ejaculate, urine or feces by the actor upon any part of the victim, clothed or unclothed, without the consent of the victim.
Section three amends section 130.65-a of the penal law, as added by chapter 1 of the laws of 2000 and subdivision 1 as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.
Section four amends section 130.66 of the penal law, as added by chapter 181 of the laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws of 2009 and subdivision 3 as renumbered by chapter 1 of the laws of 2000, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.
Section five amends subdivision 1 of section 130.67 of the penal law, as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.
Section six amends subdivision 1 of section 130.70 of the penal law, as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.
Section seven amends subdivision 2 of section 260.31 of the penal law, as amended by chapter 193 of the laws of 2010, by expanding the definition of "sexual contact" to include "the touching of the victim by himself or herself at the direction of the actor." The definition of
"sexual contact" is further expanded to include the emission of urine or feces by a person upon any part of a victim, clothed or unclothed.
Section eight provides the effective date.
Justification
The definition of "sexual contact" found in section 130.00 of the penal law only covers contact from the victim to the actor or from the actor to the victim; however, it lacks any reference to a victim touching himself or herself at the actor's direction. Currently, prosecutors may charge coercion for this type of offense, but this charge fails to capture the violent and deviant nature of the crime, and it does not subject the offender to the Sex Offender Registration Act.
By amending the definition of sexual contact, defendants who force victims to masturbate could be charged with sexual abuse in the first degree, and engaging a minor in such behavior would be covered by the age provisions of sexual abuse in the first, second, and third degrees.
The definition of "sexual contact" requires an additional amendment. Changing the definition of sexual contact to include urinating or defecating on others for the purpose of sexual gratification would allow offenders to be charged under the sexual abuse laws.
Legislative history
Similar to A.3641. 2009 and 2010 referred to codes. A.11272, 2008 referred to codes committee. Same as S.7948 (Saland), 2008 passed senate.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.