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Sponsor's memo
BILL NUMBER:S1458
Title of bill
An act to amend the penal law, in relation to the commission of aggravated sexual abuse
Purpose
To provide that a person is guilty of the crimes of aggravated sexual abuse in the first, second or third degree when the victim is less than 13 years of age and the actor is 18 years of age or older.
Summary of provisions
Section 1 of the bill amends paragraph (c) of Subdivision 1 of section 130.66 of the Penal Law by adding a new provision to aggravated sexual abuse in the third degree. Under the new provision, a person is guilty of the crime when he inserts a foreign object in the vagina, urethra, penis, or rectum of another person who is less than thirteen years old and the actor is eighteen years old or older.
Section 2 of the bill amends paragraph (c) of subdivision 1 of section 130.67 by adding a new provision to aggravated sexual abuse in the second degree to provide that a person is guilty of the crime when he inserts a finger in the vagina, urethra, penis, or rectum of a person who is less than thirteen years old and causes physical injury to that person and the actor is eighteen years old or older.
Section 3 of the bill amends paragraph (c) of subdivision 1 of section 130.70 by adding a new provision to aggravated sexual abuse in the first degree to provide that a person is guilty of the crime when he inserts a foreign object in the vagina, urethra, penis, or rectum of another person who is less than thirteen years old and causes injury to that person and the actor is eighteen years old or older.
Existing law
Under the current law, a defendant may be found guilty of these offenses if the crime was committed by forcible compulsion, or the victim was physically helpless or the victim was under the age of 11 years.
Justification
Prior to the enactment of the Sexual Assault Reform Act of 2000 (SARA), a person was guilty of the strict liability provisions of rape or sodomy in the first degree when he or she engaged in sexual intercourse or anal or oral sexual intercourse with a person who was less than eleven. In amending those provisions so that a person over the age of eighteen would be guilty of those crimes when the victim was less than thirteen, SARA served to better protect more children from acts of sexual violence by bringing eleven and twelve year olds under its provisions. However, SARA did not make a similar change in the age threshold for the crimes of aggravated sexual assault in the first, second and third degree. This bill would correct the oversight in SARA by amending the provisions of aggravated sexual abuse in the first, second and third degrees, to increase the victim age threshold for these strict liability crimes from less than eleven to less than thirteen years old.
Legislative history
2003: Passed Senate 2004: Passed Senate/Assembly Codes Committee 2005-06: S.3841 Passed Senate/A.6912 Assembly Codes Cmte. 2007-08: S.3841 Passed Senate/A.6912 Assembly Codes Cmte. 2009-10: S.3238 Codes Cmte./A.7928 Codes Cmte. 2011-12: S.3207 Passed Senate/Assembly Codes
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.