What's happening
This bill removes the requirement that physical injury must occur for charges of third- and fourth-degree aggravated sexual abuse in New York.
Why it matters
Expands Legal Protections for Vulnerable Individuals. By removing the requirement that "physical injury" must occur, the bill makes it easier to prosecute cases where a person is incapable of consent due to mental incapacity or disability, even if no visible injury is present.
Shifts Focus to Consent Rather than Physical Harm. The change reinforces that the lack of consent—especially for those unable to consent due to mental state—should be the core factor in prosecuting aggravated sexual abuse, rather than requiring proof of physical injury.
Could Lead to More Prosecutions and Victim Support. Victims who previously might not have seen charges brought—because they did not suffer documented physical injuries—may now have greater access to justice, potentially encouraging more survivors to come forward.
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Who cares
Headline styles
Remove Injury From Sex Abuse Law
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9680
IN ASSEMBLY
January 31, 2018
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 1 of section 130.65-a of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows:
(b) He or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person [causing physical injury to such person] and such person is incapable of consent by reason of some factor other than being less than seventeen years old.
§ 2. Subdivision 2 of section 130.66 of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows:
2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person [causing physical injury to such person] and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14145-01-8
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.