What's happening
This bill creates new crimes of gang sexual assault in the first and second degree, establishing specific penalties for group-involved sexual offenses.
Why it matters
Specifically targets group-involved sexual offenses. By introducing separate crimes for gang sexual assault, the bill recognizes the unique harm and intimidation caused when sexual offenses are committed by two or more perpetrators acting together.
Creates a tiered penalty structure. The bill distinguishes between second-degree (aided by two or more, non-consensual sexual conduct or clothing removal, class A misdemeanor) and first-degree (aggravating factors like force or victim vulnerability, class E felony), allowing for more nuanced prosecution and sentencing.
Closes potential legal loopholes. The amendments ensure that gang sexual assault is explicitly prosecutable even if circumstances don’t meet the requirements for existing sexual abuse or assault statutes, strengthening the legal tools available to address group sexual violence.
Expands consent considerations. The bill amends the definition of lack of consent to include situations involving gang sexual assault, meaning prosecutors won't have to prove force or incapacity alone—any non-acquiescence in a group context is explicitly criminalized.
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Who cares
Headline styles
Create Gang Sexual Assault Crime
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6932
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to gang sexual assault
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 two new sections 130.54 and 130.54-a to read as follows: § 130.54 Gang sexual assault in the second degree.
A person is guilty of gang sexual assault in the second degree when, aided by two or more persons actually present, he or she:
1. subjects another person to sexual conduct without the consent of that person; or
2. removes an article of clothing from another person with the intent to expose the intimate body parts of such person without the consent of such person.
Gang sexual assault in the second degree is a class A misdemeanor. § 130.54-a Gang sexual assault in the first degree.
A person is guilty of gang sexual assault in the first degree when he or she commits the crime of gang sexual assault in the second degree:
1. by forcible compulsion; or
2. and the person is incapable of consent by reason other than being less than seventeen years old; or
3. and the person is less than fourteen years old.
Gang sexual assault in the first degree is a class E felony.
§ 2. Paragraph (c) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows:
(c) Where the offense charged is sexual abuse, gang sexual assault in the first or second degree, or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10377-01-9
A. 6932 2
victim does not expressly or impliedly acquiesce in the actor's conduct; or
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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.