What's happening
This bill removes the ten-year time limit for prior convictions to qualify for the crime of persistent sexual abuse.
Why it matters
Expands eligibility for persistent sexual abuse charges. By removing the ten-year lookback period, this bill allows prosecutors to consider any prior qualifying convictions, no matter how old, when charging someone with persistent sexual abuse. This could increase the number of cases prosecuted under this statute.
Potential for harsher penalties. Individuals with older convictions who commit another qualifying offense could now face a felony charge, even if their prior offenses occurred decades ago. This raises the stakes for repeat offenders and could lead to longer sentences.
Reflects a shift in how repeat offenses are treated. The bill treats all prior qualifying sexual abuse convictions as equally relevant, regardless of how much time has passed, signaling a legislative intent to take persistent patterns of sexual abuse more seriously, irrespective of the time elapsed between offenses.
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Who cares
Headline styles
Remove 10-Year Limit
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
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.
End Sexual Abuse Time Limit
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1097
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. OAKS -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to removing a certain time period for the crime of persistent sexual abuse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.53 of the penal law, as amended by chapter 192 of the laws of 2014, is amended to read as follows: § 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and[, within the previous ten year period, excluding any time during which such person was incarcerated for any reason,] has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04965-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.