Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

3 Co-sponsors

• Jeffrey D. Klein
• David Carlucci
• David J. Valesky

BILL NUMBER:S2518B

Title of bill

An act to amend the penal law, in relation to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation

Purpose

To create the penalty of aggravated sexual contact in the third degree as a class B felony.

Summary of provisions

Amends section 130.65 of the penal law - making it sexual abuse in the 1st degree if a person intentionally comes in sexual contact and with the sole purpose of sexual gratification without the consent of the other person while a passenger on public transporta- tion.

Existing law

The acts covered under this new law currently only carry misdemeanor punishments, this law seeks to codify these acts in its own section of law and raise the penalty to a felony level.

Justification

A recent Court of Appeals decision allowed a chronic pervert who masturbated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's high- est court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in only a misdemeanor sex abuse charge carrying a maximum of three months.

These subway "grinders" as they are euphemistically referred to by law enforcement are sexual deviants who prey upon victims who are going about their daily commute and have no means of escape. This law seeks to raise these acts to a felony status and upon conviction under this law offenders will be required be placed on the NYS Sex Offender Registry.

Legislative history

2012 Session - New Bill - referred to Riles Committee

Fiscal implications

None

Effective date

This act shall effect on the sixtieth day after it shall have become law.