What's happening
This bill creates new criminal offenses for sexual assault against children by persons in positions of trust, with penalties based on the child's age.
Why it matters
Expands the definition of "person in a position of trust". to include anyone responsible for a child's health, education, welfare, or supervision, even briefly—broadening accountability beyond family or long-term caregivers.
Creates tiered criminal penalties based on the child's age. , with harsher felony charges for offenses against younger children, reflecting a recognition of increased vulnerability and the need for stronger deterrents.
Specifically targets abuse by authority figures. , making it a separate and distinct crime when committed by those in trusted roles (such as teachers, coaches, or caregivers), rather than treating these acts under more general sexual abuse statutes.
Signals a policy shift toward prioritizing child protection. and closing potential legal loopholes, aiming to improve prosecution outcomes and deter abuse in settings where adults wield influence over minors.
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Who cares
Headline styles
Toughen Child Assault Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Tougher Penalties for Child Abuse
In Assembly Committee · Codes · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
171
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HELMING -- 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 sexual assault against a child by a person in a position of trust
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 476 of the laws of 2018 and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, sexual assault against a child by a person in a position of trust in the first degree as defined in section 130.97, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04939-02-9
S. 171 2
hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(d) Class E violent felony offenses: an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, sexual assault against a child by a person in a position of trust in the second degree as defined in section 130.98, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazardous substance in the second degree as defined in section 240.61.
§ 2. Section 130.00 of the penal law is amended by adding a new subdivision 14 to read as follows:
14. "Person in a position of trust" means any person who is charged with any duty or responsibility for the health, education, welfare or supervision of a child, either independently or through another person, no matter how brief.
§ 3. The penal law is amended by adding three new sections 130.97, 130.98 and 130.99 to read as follows: § 130.97 Sexual assault against a child by a person in a position of
trust in the first degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the first degree when he or she subjects a child less than eleven years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the first degree is a class C felony. § 130.98 Sexual assault against a child by a person in a position of
trust in the second degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the second degree when he or she subjects a child less than fourteen years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the second degree is a class E felony. § 130.99 Sexual assault against a child by a person in a position of
trust in the third degree.
A person is guilty of sexual assault against a child by a person in a position of trust in the third degree when he or she subjects a child less than eighteen years old to sexual contact and when such person is a person in a position of trust with respect to such child.
Sexual assault against a child by a person in a position of trust in the third degree is a class A misdemeanor.
§ 4. 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to sexual assault against a child by a person in a position of trust
Purpose
To increase criminal penalties for sexual contact between a minor and a person in a position of trust.
Summary of provisions
Article 130 of the NYS Penal Law is amended to add three new crimes in relation to sexual assault of a child by a person in a position of trust. These new crimes are sexual assault against a child by a person in a position of trust in the first, second and third degrees. Also newly defined in Section 130 is "Person in a position of trust."
Justification
Parents are not with their children every moment of every day. It is just not possible, nor is it a good idea for the parent or the child. Therefore it is necessary that children are supervised by other adults for various periods of time during the child's life. This could start with a daycare center, a nursery school, school, athletics or group activities.
These adults are responsible for these children while under their super- vision. These children should not be subjected to any sexual contact. If there is any, the adults should be held to a stricter standard and punished to a greater degree because of the special relationships between the minor and the adult.
If parents entrust their children into the care of another adult, the parents should be able to have a sense of security that their child will not be subject to any sexual contact while under that other adult's supervision.
Currently, there are prohibitions against sexual contact with a minor but the law does not presently increase the penalties with regard to a person in a position of trust.
Prior legislative history
2017-18 S5689/A6344 referred to Codes 2015-16 S6680 passed Senate/A2476 referred to Codes 2013-14 S4791 passed Senate/A6102 referred to Codes 2011-12 A6858 S1541-A passed Senate/referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.