What's happening
This bill creates new crimes of gang sexual assault in the first and second degrees, establishing specific penalties for group sexual offenses.
Why it matters
Specifies new criminal offenses for group sexual assaults. , differentiating between first and second degree based on factors like use of force, victim’s age, or inability to consent—this could lead to more targeted prosecution in cases involving multiple perpetrators.
Introduces clear, tiered penalties. making second degree gang sexual assault a misdemeanor and first degree a felony—potentially deterring group sexual violence by assigning harsher consequences to more egregious circumstances.
Expands the definition of non-consent. for group sexual offenses, including situations where a victim’s clothing is removed to expose intimate parts without consent, broadening the scope of protected conduct.
Aligns group sexual assault laws with existing sexual abuse statutes. , ensuring that gang sexual assault is treated with similar seriousness and clarity in legal proceedings, which may impact both charging decisions and victim rights.
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Who cares
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Create Gang Assault Crime
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4617
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to gang sexual assault
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 two new sections 130.54 and 130.54-a to read as follows: § 130.54 Gang sexual assault in the second degree.
A person is guilty of gang sexual assault in the second degree when, aided by two or more persons actually present, he or she:
1. subjects another person to sexual conduct without the consent of that person; or
2. removes an article of clothing from another person with the intent to expose the intimate body parts of such person without the consent of such person.
Gang sexual assault in the second degree is a class A misdemeanor. § 130.54-a Gang sexual assault in the first degree.
A person is guilty of gang sexual assault in the first degree when he or she commits the crime of gang sexual assault in the second degree:
1. by forcible compulsion; or
2. and the person is incapable of consent by reason other than being less than seventeen years old; or
3. and the person is less than fourteen years old.
Gang sexual assault in the first degree is a class E felony.
§ 2. Paragraph (c) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows:
(c) Where the offense charged is sexual abuse, gang sexual assault in the first or second degree, or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03717-01-7
A. 4617 2
victim does not expressly or impliedly acquiesce in the actor's conduct; or
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.