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History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- Amended (t) 5165a
- 1st report cal.1071
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5165A
Title of bill
An act to amend the penal law and the correction law, in relation to sexually motivated misdemeanors
Purpose
To impose new criminal liability and create a registerable offense for defendants who may commit misdemeanor crimes for the purpose of their own sexual gratification, but cannot be charged with a sex offense as defined in section 130.00 of the penal law
Summary of provisions
Section (1) of the Bill adds the new offense of Sexually Motivated Misdemeanor and defines "specified offenses." When such specified offenses are committed in whole or part for the purpose of sexual gratification the new offense of Sexually Motivated Misdemeanor is committed. The specified offenses are as follows:
120.00 - Assault in the third degree. 120.14 - Menacing in the second degree. 120.15 - Menacing in the third degree. 120.45 - Stalking in the fourth degree. 120.50 - Stalking in the third degree. 121.11 - Criminal obstruction of breathing or blood circulation. 140.05 - Trespass. 140.10 - Criminal trespass in the third degree. 140.15 - Criminal trespass in the second degree. 155.25 - Petit larceny. 156.05 - Unauthorized use of a computer. 156.20 - Computer tampering in the fourth degree. 156.29 - Unlawful duplication of computer related material in the second degree. 230.20 - Promoting prostitution in the fourth degree. 240.30 - Aggravated harassment in the second degree. 260.10 - Endangering the welfare of a child. 260.20 - Unlawfully dealing with a child in the first degree.
Section (2) provides that a sentence for a sexually motivated misdemeanor can run consecutive to the underlying misdemeanor thereby allow a judge to sentence a person convicted of the specified offense misdemeanor and a sexually motivated misdemeanor to a maximum of two years in jail.
Justification
A Sexually Motivated Misdemeanor occurs when a person commits a specified misdemeanor offense for the purpose, in whole or substantial part, of his or her own direct sexual gratification. The Bill includes certain acts that are committed for sexual reasons but cannot be prosecuted as a sex crime per se. The conduct proscribed when committed for the sexual gratification of the actor makes such a conduct more serious than the underlying misdemeanor conduct alone. As such, the Bill provides an enhanced sentence when the purpose of the underlying act is, in whole or part for the sexual gratification of the actor.
Additional punishment is necessary to deter these acts. Conviction of a sexually motivated misdemeanor would allow sentencing to a consecutive jail term up to two years for a conviction of the specified misdemeanor and sexually motivated misdemeanor. The bill protects victims and punishes sexual predators who commit misdemeanor crimes that cannot be prosecuted as sex crimes, but are committed to satisfy a predator's sexual desire.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
November first of the next succeeding date 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.