What's happening
This bill removes the ten-year time limit for prior convictions when charging someone with persistent sexual abuse in New York.
Why it matters
Expands Prosecutorial Reach. By eliminating the ten-year limit, prosecutors can consider a person's entire history of certain sexual offenses—no matter how long ago they occurred—when charging persistent sexual abuse, potentially leading to more serious charges for repeat offenders.
Increases Consequences for Recidivists. Individuals with older qualifying convictions, even from decades prior, could now face felony charges if accused of another relevant sexual offense, potentially resulting in longer sentences.
Impacts Plea Bargaining and Defense Strategies. The removal of the time restriction may make it harder for defendants to negotiate lesser charges or argue that older convictions are irrelevant, affecting both trial outcomes and plea deals.
Signals a Shift in Legislative Attitude. The change suggests a legislative priority to treat repeat sexual abuse more severely, emphasizing public safety and the lasting relevance of past sexual offense convictions.
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Who cares
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End 10-Year Limit on Sex Abuse
Plain English, a few words. Used as the page title.
Sponsors
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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.
End 10-Year Sex Abuse Limit
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
755
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 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 a certain time period for the crime of persistent sexual abuse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.53 of the penal law, as amended by chapter 192 of the laws of 2014, is amended to read as follows: § 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and[, within the previous ten year period, excluding any time during which such person was incarcerated for any reason,] has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03329-01-9
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.