What's happening
This bill removes the requirement that physical injury occur for charges of aggravated sexual abuse in the third and fourth degrees.
Why it matters
Expands legal protection for victims. By removing the requirement that physical injury must occur for a charge of aggravated sexual abuse in the third and fourth degrees, the bill recognizes that serious sexual violations can occur without visible or documented physical harm.
Facilitates prosecution of sexual abuse. This change could make it easier for prosecutors to pursue cases where victims were unable to consent (due to mental incapacity or other reasons), even if there’s no evidence of physical injury, thus potentially increasing accountability for offenders.
Reflects a broader understanding of trauma. The bill acknowledges that the harm from sexual abuse isn't solely physical—psychological and emotional trauma can be profound, and the law would better address the full range of harm experienced by survivors.
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Who cares
Headline styles
Remove Injury Requirement for Abuse
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1225
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
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.
LBD04807-01-9
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.