What's happening
This bill amends the correction law to specify that kidnapping offenses count as sex offenses only if committed in furtherance of a sex crime.
Why it matters
Narrows the definition of "sex offense". under the law, so that kidnapping charges only count as sex offenses if the kidnapping was committed specifically to further a sex crime. This prevents all kidnapping cases (involving non-parental offenders and victims under 17) from automatically triggering sex offender registration requirements.
Reduces unintended or overly broad consequences. for individuals convicted of kidnapping where there was no sexual motive or purpose, potentially preventing them from being labeled and tracked as sex offenders when their crime was not sexual in nature.
Aligns legal consequences more closely with actual conduct. , ensuring that the enhanced penalties and restrictions meant for sex offenses are applied only when the offense truly involved sexual exploitation or abuse, rather than any non-parental kidnapping of a minor.
Impacts future criminal justice outcomes. for those accused or convicted of kidnapping, as it may affect plea negotiations, sentencing, and post-release supervision, especially in cases where the prosecution cannot prove the kidnapping was in furtherance of a sex crime.
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Who cares
Headline styles
Clarify Kidnapping as Sex Crime
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4568
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to qualifying when kidnapping or related offenses constitute a sex offense
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim and provided the kidnapping or related offense is committed in furtherance of a sex crime as defined in this article, or section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the penal law where the person prostituted is in fact less than seventeen years old, or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10766-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to qualifying when kidnapping or related offenses constitute a sex offense
Summary of provisions
This bill amends Correction Law § 168-a (2)(a)(i)to clarify that kidnap- ping offenses are only registerable sex offenses when the kidnapping is done in furtherance of a sex crime.
Justification
Currently people convicted of certain kidnapping offenses must register as sex offenders, even if the kidnapping was not sexually motivated. For example, a teenager who forces another teenager into a room in order to steal his lunch money has to register as a sex offender under the current statute. This bill corrects that mistake in the law and clari- fies that only kidnappers with sexual motivations for kidnapping must register as sex offenders. The original bill clearly intended to capture kidnappers who grabbed children under the age of 17 for sexual purposes but was drafted too broadly and now causes many young people to have to register for crimes relating to robbery or other non-sexual acts.
Legislative history of bill
New bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.