What's happening
This bill establishes the crime of sexual harassment, making certain non-consensual physical contact for sexual gratification a class A misdemeanor.
Why it matters
Expands criminal liability to certain acts of non-consensual physical contact for sexual gratification. , which previously may not have been prosecuted unless they met the threshold for more serious sexual offenses—potentially closing legal loopholes.
Creates a specific criminal charge for sexual harassment, rather than relying solely on civil remedies or workplace regulations. , providing law enforcement with a direct tool to address physical forms of harassment.
Classifies sexual harassment as a class A misdemeanor. , which can result in significant penalties, including possible jail time, signaling a stronger societal stance against this behavior and potentially acting as a deterrent.
Covers not only completed acts of non-consensual contact, but also attempts or threats to commit such acts. , broadening protections for potential victims and allowing intervention before physical harm occurs.
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Who cares
Headline styles
Make Sexual Harassment a Crime
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.367
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.669
- Print number 2874a
- Amend (t) and recommit 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.
Make Sexual Harassment a Crime
In Assembly Committee · Codes · Sponsor Yuh-Line Niou
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2874--A
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sens. BIAGGI, KAMINSKY, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to establishing the crime of sexual harassment
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 a new section 240.33 to read as follows: § 240.33 Sexual harassment.
A person is guilty of sexual harassment when, with the purpose of sexual arousal or gratification, and without consent, he or she slaps, strikes, shoves or kicks another person, or otherwise subjects such other person to physical contact, or attempts, or threatens to do the same.
Sexual harassment is a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08857-02-9
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 estab- lishing the crime of sexual harassment
Purpose or general idea of bill
To strengthen protections for victims of sexually-motivated physical violence.
Summary of specific provisions
Section 1 adds a new section 240.33 to the penal law to provide that a person is guilty of the class A misdemeanor of sexual harassment if, for the purpose of sexual arousal or gratification, and without consent, they slap, strike, shove or kick another person, or subject another person to physical contact, or attempts or threatens physical contact.
Section 2 sets the effective date.
Justification
The recent investigation of abuse allegations against former Attorney General Eric Schneidennan highlighted deficits in our laws that preclude criminal charges in many cases of non-consensual, sexually-motivated violence. It is critical that the legislature acts to fix these short- comings in order to remove barriers to justice for victims and prevent future perpetrators from evading consequences. Under current state law, the act of slapping, striking, or kicking an individual without their consent can only be charged if the perpetrator's intent was to "alarm, harass, or annoy" or there is sufficient proof that the victim suffered a physical injury. Establishing a new misdemeanor offense for acts of violence committed for the purpose of sexual arousal or gratification will provide prosecutors with an important new tool to hold domestic abusers accountable for their conduct. This legislation is a crucial step towards ensuring our laws protect all victims of intimate partner violence and recognize the lasting harm these acts of abuse cause.
Prior legislative history
None.
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.