What's happening
This bill expands the definition and requirements for the crimes of course of sexual conduct against a child, adding new offenses and clarifying timeframes.
Why it matters
Expands victim protection to older children. The bill raises the age threshold for victims in both first and second degree offenses from under 13 to under 17, broadening who is covered by these laws and potentially increasing the number of prosecutable cases.
Clarifies and specifies the required pattern of abuse. It removes the previous requirement that abuse occur “over a period of time not less than three months,” and instead requires at least two acts of sexual conduct, with a minimum 90-day gap between qualifying acts, making the definition more precise and potentially easier to prove in court.
Adds specificity to types of sexual acts and timelines. The amendments distinguish between various forms of sexual conduct (sexual intercourse, oral/anal conduct, aggravated sexual contact) and specify the age at which these acts must occur, which could affect both prosecution strategies and sentencing.
Limits double jeopardy for related offenses. It maintains a rule that prevents additional prosecutions for other sexual offenses involving the same victim during the same timeframe, potentially protecting defendants from multiple prosecutions for the same conduct while also clarifying legal boundaries for prosecutors.
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Who cares
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Expand Child Sex Abuse Law
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History
- Enacting clause stricken
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2570
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including in the crimes of course of sexual conduct against a child in the first and second degree, additional sexual acts against a child committed prior to the child's seventeenth birthday
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as amended by chapter 1 of the laws of 2000 and paragraphs (a) and (b) of subdivision 1 as amended by chapter 264 of the laws of 2003, are amended to read as follows:
[1.] A person is guilty of course of sexual conduct against a child in the first degree when[, over a period of time not less than three months in duration]:
[(a) he] 1. He or she engages in two or more acts of sexual conduct[, which] with a child under seventeen years old, and (i) the course of sexual conduct includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact[, with a child] occurring when such child is less than eleven years old; [or] and (ii) the course of sexual conduct includes at least one additional act of sexual conduct occurring when such child is less than eleven years old; and (iii) the time between any two of the acts of sexual conduct occurring when such child is less than eleven years old is ninety days or greater; or
[(b) he] 2. He or she, being eighteen years old or more at the commencement of the course of sexual conduct, engages in two or more acts of sexual conduct[, which include] with a child under seventeen years old, and (i) the course of sexual conduct includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact[, with a] occurring when such child is less
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06157-01-7
A. 2570 2
than thirteen years old; and (ii) the course of sexual conduct includes at least one additional act of sexual conduct with the child occurring when such child is less than thirteen years old; and (iii) the time between any two of the acts of sexual conduct occurring when such child is under thirteen years old is ninety days or greater.
[2.] 3. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
§ 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as amended by chapter 1 of the laws of 2000, are amended to read as follows:
[1.] A person is guilty of course of sexual conduct against a child in the second degree when[, over a period of time not less than three months in duration]:
[(a) he] 1. He or she engages in two or more acts of sexual conduct with a child under seventeen years old, and (i) the course of sexual conduct includes at least two acts of sexual conduct occurring when such child is less than eleven years old; and (ii) the time between any two of the acts of sexual conduct occurring when such child is less than eleven years old is ninety days or greater; or
[(b) he] 2. He or she, being eighteen years old or more at the commencement of the course of sexual conduct, engages in two or more acts of sexual conduct with a child less than [thirteen years old] seventeen years old, and (i) the course of sexual conduct includes at least two acts of sexual conduct occurring when such child is less than thirteen years old; and (ii) the time between any two of the acts occurring when such child is less than thirteen years old is ninety days or greater.
[2.] 3. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
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