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- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S5435
Title of bill
An act to amend the penal law, in relation to persistent sexual abuse
Purpose
This will bill amend the definition of the crime of persistent sexual abuse to include the crime of sexual misconduct.
Summary of provisions
Section 1 amends Section 130.53 of penal law by adding that a person is guilty of person persistent sexual abuse when he or she within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions, of sexual misconduct, as defined in Section 130.20 of Article 130 of the Penal Law, and commits the crime of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree.
Section 2 provides that this act shall take effect immediately.
Justification
Currently, when a person, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions, of sexual misconduct and commits the crime of forcible touching, sexual abuse in the third degree, or sexual abuse in the second degree, they cannot be found guilty of persistent sexual abuse, which is a class E felony. This is despite the fact that within the previous ten year period, the person has been convicted two or more times, in separate criminal transactions for which a sentence was imposed on separate occasions, of sexual misconduct, which is a class A misdemeanor. Sexual misconduct as defined in Section 130.20 of the penal law relates to engaging in sexual intercourse or other sexual conduct with another person without such person's consent.
This bill solves that issue by adding sexual misconduct to the list of crimes which, if certain conditions arc met, leads to a person being found guilty of persistent sexual abuse, a more serious crime, a class E felony.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.