What's happening
This bill creates new crimes for sexual assault against children by persons in positions of trust, establishing specific felony and misdemeanor penalties.
Why it matters
Expands legal accountability to more adults. By defining “person in a position of trust” broadly (including anyone responsible for a child’s health, education, welfare, or supervision, even briefly), the law targets not just teachers or caregivers, but coaches, volunteers, and others, closing potential loopholes in current statutes.
Creates age-specific protections. The bill establishes three new crimes, each tied to the age of the child victim (under 11, under 14, and under 18), recognizing the increased vulnerability of younger children and allowing for more tailored and severe penalties based on the child’s age.
Addresses power dynamics in abuse. By focusing on “position of trust,” the law specifically acknowledges that abuse by trusted adults is particularly damaging, and sets out to deter such exploitation by making these acts distinct and serious crimes beyond existing sexual offense statutes.
Potentially increases reporting and prosecution. Clearer definitions and targeted penalties may encourage victims, families, and institutions to report incidents, and make prosecution more straightforward by clarifying the criminal nature of sexual misconduct in trust-based relationships with minors.
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Protect Kids From Trusted Abusers
Plain English, a few words. Used as the page title.
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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.
Protect Kids From Trusted Adults
In Senate Committee · Codes · Sponsor Pamela Helming
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6344
2017-2018 Regular Sessions
IN ASSEMBLY
March 2, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to sexual assault against a child by a person in a position of trust
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, sexual assault against a child by a person in a position of trust in the first degree as defined in section 130.97, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03361-01-7
A. 6344 2
section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(d) Class E violent felony offenses: an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, sexual assault against a child by a person in a position of trust in the second degree as defined in section 130.98, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazardous substance in the second degree as defined in section 240.61.
§ 2. Section 130.00 of the penal law is amended by adding a new subdivision 14 to read as follows:
14. "Person in a position of trust" means any person who is charged with any duty or responsibility for the health, education, welfare or supervision of a child, either independently or through another person, no matter how brief.
§ 3. The penal law is amended by adding three new sections 130.97, 130.98 and 130.99 to read as follows: § 130.97 Sexual assault against a child by a person in a position of
trust in the first degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the first degree when he or she subjects a child less than eleven years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the first degree is a class C felony. § 130.98 Sexual assault against a child by a person in a position of
trust in the second degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the second degree when he or she subjects a child less than fourteen years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the second degree is a class E felony. § 130.99 Sexual assault against a child by a person in a position of
trust in the third degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the third degree when he or she subjects a child less than eighteen years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the third degree is a class A misdemeanor.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.