What's happening
The Jessica Lunsford Act increases penalties and expands definitions for predatory sexual assault against a child, requiring electronic monitoring upon release.
Why it matters
Expands the definition of "predatory sexual assault against a child". to include not only victims under 13, but also those aged 13–16 in cases involving family, guardians, or authority figures, and children under 18 in aggravated circumstances (e.g., during another felony, use of weapons, serious injury, or victim’s incapacity).
Sets a mandatory minimum sentence of 25 years. for anyone convicted of predatory sexual assault against a child, removing previous judicial flexibility and ensuring significantly longer prison terms.
Requires lifetime (or parole duration) electronic monitoring. for offenders released from prison, meaning individuals convicted under this law will be subject to GPS tracking as a condition of parole or conditional release, increasing oversight after incarceration.
Broadens who can be prosecuted and under what circumstances. , making it easier to bring severe charges in cases involving authority abuse, use of force, or vulnerable child victims, thereby aiming to close potential legal loopholes and enhance child protection.
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Who cares
Headline styles
Increase Penalties for Child Predators
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Increase Penalties for Child Predators
In Assembly Committee · Codes · Sponsor Kevin M. Byrne
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
977
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the executive law, in relation to enacting the "Jessica Lunsford act" relating to predatory sexual assault against a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Jessica Lunsford act".
§ 2. Subparagraph (ii) of paragraph (a) of subdivision 3 of section 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows:
(ii) For a class A-II felony, such minimum period shall not be less than three years nor more than eight years four months, except that for the class A-II felony of predatory sexual assault as defined in section 130.95 of this chapter [or the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter], such minimum period shall be not less than ten years nor more than twenty-five years, and except that for the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter, such minimum period shall be twenty-five years.
§ 3. Paragraph (a) of subdivision 4 of section 70.06 of the penal law, as amended by chapter 107 of the laws of 2006, is amended to read as follows:
(a) The minimum period of imprisonment for a second felony offender convicted of a class A-II felony must be fixed by the court at no less than six years and not to exceed twelve and one-half years and must be specified in the sentence, except that for the class A-II felony of predatory sexual assault as defined in section 130.95 of this chapter [or the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter], such minimum period shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03099-01-9
S. 977 2
not less than ten years nor more than twenty-five years, and except that for the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter, such minimum period shall be twenty-five years.
§ 4. Section 130.96 of the penal law, as added by chapter 107 of the laws of 2006, is amended to read as follows: § 130.96 Predatory sexual assault against a child.
A person is guilty of predatory sexual assault against a child when, being eighteen years old or more, he or she commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, [and the victim is less than thirteen years old.] when:
1. The victim of such crime is a child less than thirteen years old; or
2. The victim of such crime is a child not less than thirteen years old, nor more than sixteen years old, and
(a) the actor is related to such victim by blood or affinity to the third degree, or
(b) the actor has supervisory or disciplinary authority over such victim by virtue of his or her legal, professional or occupational status, or
(c) the actor is the parent or guardian of such victim, or in a position of loco parentis to such victim; or
3. The victim of such crime is a child less than eighteen years old, and such crime is committed, acting alone or with one or more persons, during the commission or attempted commission of burglary, robbery, arson, kidnapping, criminal escape or a sex offense; or
4. The victim of such crime is a child less than eighteen years old, and the actor during the course of such crime is armed with a weapon, or dangerous instrument, or displays what appears to the victim to be a weapon or dangerous instrument, or threatens the use of a weapon or dangerous instrument; or
5. The victim of such crime is a child less than eighteen years old, and the actor, aided or abetted by one or more persons, uses physical force or threatens the use of physical force against the victim; or
6. The victim of such crime is a child less than eighteen years old who sustains serious physical injury during the course of such crime; or
7. The victim of such crime is a child less than eighteen years old who is mentally disabled, mentally incapacitated or physically helpless, and the actor knew or should have known that such victim was mentally disabled, mentally incapacitated or physically helpless.
Predatory sexual assault against a child is a class A-II felony.
§ 5. Section 259-c of the executive law is amended by adding a new subdivision 14-a to read as follows:
14-a. notwithstanding any other provision of law to the contrary, where a person serving a sentence for predatory sexual assault against a child, as defined in section 130.96 of the penal law, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as a mandatory condition of such release, that such person submit to the use of an electronic monitoring or global position satellite tracking device monitored by the board throughout the period of such release or such person's life, whichever shall terminate earlier.
§ 6. 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 and the executive law, in relation to enacting the "Jessica Lunsford act" relating to predatory sexual assault against a child
Purpose
To provide stricter penalties for those who are convicted of the Class A-II felony of predatory sexual assault against a child.
Summary of provisions
Section 1 provides that this act shall be known and may be cited as the "Jessica Lunsford Act".
Read the full memo (828 words)
Section 2 amends subparagraph (ii) of paragraph (a) of subdivision 3 of section 70.00 of the Penal Law and establishes a minimum sentence of 25 years for those convicted of the Class A-II felony of predatory sexual assault against a child.
Section 3 amends paragraph (a) of subdivision 4 of section 70.06 of the Penal Law and provides that the minimum period of imprisonment for a second felony offender convicted of the Class A-1I felony of predatory sexual assault against a child shall have a minimum sentence of 25 years.
Section 4 amends section 130.96 of the Penal Law to expand the instances where a person can be found guilty of predatory sexual assault against a child.
Section 5 amends section 259-c of the Executive Law by adding a new subdivision 14-a to establish that when a person serving a sentence for òpredatory sexual assault against a child is released on parole or conditionally released, the board shall require, as a mandatory condi- tion of such release, that such person submit to the use of an electron- ic monitoring or global position satellite tracking device monitoring by the board throughout the period of such release or such person's life, whichever shall terminate earlier.
Section 6 sets forth the effective date.
Justification
Beginning in the early 1990's, increasingly strict laws have been enacted to track, monitor, apprehend and punish sexual predators. In 1994, the Jacob Wetterling Act established requirements that sex offen- ders register their whereabouts with law enforcement agencies. Enacted in 1996, Megan's Law required public disclosure of registry information. Subsequent amendments to the Wetterling Act required states to post information about convicted sex offenders on the Internet. (Sex Offense Recidivism, Risk Assessment, & the Adam Walsh Act, Jill S. Levenson P.H.D., LCSW).
Despite having these laws in place, however, in 2005, Jessica Lunsford, who was only nine years old, was abducted, sexually assaulted multiple times, buried alive and murdered by a registered sex offender living in her neighborhood. Jessica's murderer, John Couey, had moved in with his sister who lived within sight of the Lunsford home, and failed to regis- ter at the new address. As a result of this tragic incident, Florida led the charge in enacting one of the toughest child molestation laws in the nation, which mandates a minimum prison sentence of 25 years for anyone who is convicted of molesting a child less than 12 years of age.
Jessica Lunsford's horrific murder also received national attention, and in 2006, the Adam Walsh Child Protection and Safety Act, was enacted to enhance registration and notification requirements, expand the duration of registration time periods, and increase penalties for sex offenders who fail to register. 42 U.S.C. 16901 (2006). In the same year, New York State enacted "Jessica's Law Lite", which creates the class A-II felony crime of Predatory Sexual Assault Against a Child when a person over 18 years of age commits a class B violent felony sex offense (Rape in the first degree, Criminal Sexual Act in the first degree, Aggravated Sexual Abuse in the first degree, Course of Sexual Conduct Against a Child in the first degree) against a child less than 13 years of age. Under current law, the minimum prison sentence for these crimes is only 10 to 25 years.
Although these laws have made momentous changes in the area of child sexual abuse, the number of incidents is still staggering. According to a report administered by the United States Department of Health & Human Services, in 2012, 2,278 children in New York alone were sexually abused. (United States Dep't of Health & Human Services' Children's Bureau Report, pg. 54).
This bill would increase the mandatory minimum prison term to 25 years. It also includes additional instances where a person may be found guilty of predatory sexual assault against a child.
Recognizing that sex offenders may, and often are, dangerous when released from prison, this bill would require, as a mandatory condition of release, that the offender submit to the use of an electronic moni- toring or global position satellite tracking device monitored by the board throughout the period of such release or such person's life, whichever shall terminate earlier, which will help to keep recidivism rates down and ultimately decrease the number of children who are sexu- ally victimized.
Legislative history
2017,2018: S.878 Referred to Codes
2015,2016: S.2067 Referred to Codes
2014: S.7303 Referred to Codes
Fiscal implications
Undetermined.
Effective date
This act shall take effect 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.