What's happening
This bill raises sexual abuse in the second degree from a class A misdemeanor to a class E felony in New York.
Why it matters
Increasing the charge to a felony means those convicted of second degree sexual abuse would face longer prison sentences and more severe legal consequences, reflecting a stronger societal condemnation of the offense.
A felony conviction carries lifelong impacts, including greater barriers to employment, housing, and voting rights, which could significantly affect the lives of those convicted under the new classification.
Victims may feel a greater sense of justice and validation, as the law would treat sexual abuse in the second degree as a more serious crime, potentially encouraging more survivors to come forward.
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Who cares
Headline styles
Make Sexual Abuse Felony
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8446
IN SENATE
May 8, 2018
Introduced by Sen. SEPULVEDA -- 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 changing sexual abuse in the second degree from a class A misdemeanor to a class E felony
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
Sexual abuse in the second degree is a class [A misdemeanor] E felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08064-01-7
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 changing sexual abuse in the second degree from a class A misdemeanor to a class E felony
Purpose or general idea of bill
To raise the penalty for sexual abuse in the second degree from a class A misdemeanor to a class E felony
Summary of specific provisions
Section 130.60 of the Penal Law is amended to increase the penalty for this crime from a class A misdemeanor to a class E felony.
Existing law
Current law contains a single crime of Public Lewdness which is a class-B misdemeanor with no registration requirement under SORA and no enhancement if the act is committed against a child.
Justification
Under current law the crime of sexual abuse is the second degree is punishable by up to one year in prison. Victims of sexual abuse will remember and relive the horror and trauma of their attacks for the rest of their lives. Being fondled or touched in such an inappropriate manner is humiliating and degrading victims of sexual abuse in the second degree are, by definition, incapable of giving consent or they are under the age of 14 years. Sexual abuse in the first degree is a D felony, however, this statute is only applicable where there is force, where the victim is incapable of giving consent or where the victim is less than 11 years old. Thus, perpetrators who fondle or otherwise come into sexu- al contact with victims between the ages of 11 and 13 are only eligible for up to one year in prison. This sentence is simply inadequate to deter this conduct or punish offenders who may repeatedly engage in this crime.
Prior legislative history
2016: referred to codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.