What's happening
This bill creates the crime of forcible touching against a child under thirteen, making it a class E felony.
Why it matters
Creates a distinct felony offense. specifically for forcible touching of children under thirteen, signaling that the law considers such acts against young children as especially serious and deserving of heightened penalties.
Broadens what qualifies as criminal conduct. by explicitly including any intentional, non-legitimate, and forcible touching of any part of a child under thirteen for sexual gratification, not just touching of intimate parts, potentially covering a wider range of abusive behaviors.
Clarifies and strengthens legal definitions. by specifying that actions like squeezing, grabbing, or pinching are examples of “forcible touching”, which could make prosecution easier and reduce ambiguity in court cases involving child victims.
Raises the stakes for offenders. by making this offense a class E felony, increasing potential sentences and possibly affecting plea negotiations, registries, and future deterrence for crimes against young children.
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Who cares
Children under 13 and their families
The bill would create a class E felony covering specified intentional, forcible touching of children under 13 for no legitimate purpose.
District attorneys and police
The bill would establish an offense covering forcible touching of intimate parts to degrade or abuse a child or gratify sexual desire, and of any body part to gratify sexual desire.
Criminal defense attorneys
The new charge would require attention to the child's age, the accused person's intent and purpose, and conduct that includes squeezing, grabbing or pinching.
Headline styles
Ban Forcible Touching Children
Plain English, a few words. Used as the page title.
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 Child Forcible Touching
In Assembly Committee · Codes · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3126
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sens. GIANARIS, AVELLA, DILAN, KENNEDY, KRUEGER, PARKER, STAVISKY -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the offense of forcible touching against a child
Purpose
This legislation establishes the crime of forcible touching of a child less than thirteen years of age as a class E felony.
Summary of provisions
Section one adds a new section 130.51 to the penal law, creating a class E felony when an individual intentionally, and for no legitimate purpose, forcibly touches 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 any part of a child for the purpose of gratifying the actor's sexual desire, and the victim is less than thirteen years old.
Existing law
New York State Penal § 130.52 addresses the crime of forcible touching, and punishes those who intentionally and for no legitimate purpose forcibly touch the sexual or other intimate parts of another for the purpose of degrading or abusing their victim or gratifying the actor's sexual desire. Violators are charged with a class A misdemeanor and face up to one year in jail.
Currently, there is no statute that specifically addresses the crime of forcible touching of a child less than thirteen years of age.
Justification
The proposed legislation recognizes the particularly heinous nature of sex crimes committed against children and takes an important step to protect children from sexual predators. Under this legislation, a sentence of imprisonment of up to four years would be required for offenders who engage in forcible touching, including squeezing, grabbing or pinching of child less than thirteen years of age sexual or other intimate parts.
Legislative history
2016: Died in Codes 2015: Died in Codes 2014: Senate Bill 613 (Gianaris) - Died in Senate Codes Committee 2012: Senate Bill 35876-A (Gianaris) - Died in Senate Codes Committee 2012: Assembly Bill *8558-A (Simotas) - Died in Assembly Codes Committee
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.