What's happening
This bill expands first-degree sexual abuse laws to include victims with a mental disease or defect.
Why it matters
Expands protections for vulnerable adults. By including individuals with a mental disease or defect as potential victims, the law recognizes that these individuals may not be able to provide meaningful consent, similar to minors.
Addresses legal gaps. Previously, first-degree sexual abuse charges mainly covered cases involving young children or significant age differences. This amendment closes a loophole where adults with mental incapacities could be left unprotected under the highest degree of sexual abuse statutes.
Deters exploitation and abuse. The change increases the potential legal penalties for perpetrators who target people with mental disabilities, aiming to discourage such crimes and ensure harsher consequences for offenders.
Signals broader societal recognition. Updating the statute reflects an evolving understanding of consent and vulnerability, prioritizing the safety and rights of people with mental impairments in the justice system.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Mentally Disabled Victims
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
843
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, ZEBROWSKI, HOOPER, OTIS, MONTESANO, SALADINO -- Multi-Sponsored by -- M. of A. CROUCH, McDONOUGH, RIVERA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including individuals with a mental defect as a victim under sexual abuse in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 130.65 of the penal law, as amended by chapter 26 of the laws of 2011, is amended and a new subdivision 5 is added to read as follows:
4. When the other person is less than thirteen years old and the actor is twenty-one years old or older[.]; or
5. When the other person has a mental disease or defect.
§ 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.
LBD02521-01-7
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.