What's happening
This bill creates the crime of forcible touching against a child under 13 and makes it a class E felony.
Why it matters
Raises the legal consequences for inappropriate contact with children under 13. by classifying “forcible touching” as a felony, signaling a more serious societal response to child sexual abuse and likely increasing potential prison sentences for offenders.
Expands the definition of criminal conduct. to include not only touching of sexual/intimate parts with sexual intent, but also any part of a child’s body if the intent is sexual gratification—potentially capturing a wider range of abusive behaviors.
Specifies that actions like squeezing, grabbing, or pinching are covered. , providing clarity for law enforcement, prosecutors, and courts on what constitutes this new crime and reducing ambiguity that could otherwise hinder prosecution.
May deter potential offenders and encourage earlier intervention or reporting. , since the law makes clear that any intentional, non-legitimate forcible contact with children for sexual purposes is a felony, not a lesser offense.
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Who cares
Children under 13 and their families
The bill would create a class E felony covering intentional forcible touching of children under 13 for specified sexual, degrading or abusive purposes and without a legitimate purpose.
District attorneys and law enforcement agencies
The bill would establish a charge that includes touching any part of a child's body to gratify the actor's sexual desire, with forcible touching including squeezing, grabbing or pinching.
Criminal defense attorneys
The new offense would require scrutiny of the alleged touching, the actor's intent and purpose, and whether the child was under 13.
Headline styles
Ban Child Forcible Touching
Plain English, a few words. Used as the page title.
Sponsors
6 Co-sponsors
4 Multi-sponsors
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.
Ban Forcible Touching Children
In Senate Committee · Codes · Sponsor Michael Gianaris
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4057
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. SIMOTAS, THIELE, JAFFEE, GUNTHER, BRAUNSTEIN, MONTESANO, CROUCH, MOYA -- Multi-Sponsored by -- M. of A. ABBATE, JOHNS, MALLIOTAKIS, McLAUGHLIN, SALADINO, SIMANOWITZ, TITONE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offense of forcible touching against a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 130.51 to read as follows: § 130.51 Forcible touching against a child.
A person is guilty of forcible touching against a child when such person intentionally and for no legitimate purpose, forcibly touches:
1. the sexual or other intimate parts of a child for the purpose of degrading or abusing such child; or for the purpose of gratifying the actor's sexual desire, and the victim is less than thirteen years old; or
2. any part of a child for the purpose of gratifying the actor's sexual desire, and the victim is less than thirteen years old.
For the purposes of this section, forcible touching includes, but is not limited to squeezing, grabbing or pinching.
Forcible touching against a child is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04534-01-7
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.