What's happening
This bill removes the requirement that physical injury occur for charges of aggravated sexual abuse in the third and fourth degrees.
Why it matters
Broadens prosecutorial reach. By removing the requirement for physical injury, prosecutors can pursue aggravated sexual abuse charges in more cases where an individual is rendered incapable of consent, even if there is no visible or documented physical harm.
Addresses gaps in victim protection. Victims who experience invasive sexual abuse without accompanying physical injuries will have greater legal recourse, recognizing the serious psychological and emotional harm such acts can cause.
Reflects evolving understanding of harm. The change recognizes that sexual violence can be deeply traumatic regardless of physical injury, aligning the law more closely with contemporary perspectives on consent and survivor impact.
Potentially increases accountability. The amendment could lead to more convictions for aggravated sexual abuse in situations where offenders previously could avoid higher charges due to the absence of physical injury, thereby enhancing deterrence and justice for survivors.
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Who cares
Headline styles
Remove Injury Requirement for Abuse
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1650
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of subdivision 1 of section 130.65-a of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows:
(b) [He or she] Such person inserts a finger in the vagina, urethra, penis, rectum or anus of another person [causing physical injury to such person] and such person is incapable of consent by reason of some factor other than being less than seventeen years old.
§ 2. Subdivision 2 of section 130.66 of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows:
2. A person is guilty of aggravated sexual abuse in the third degree when [he or she] such person inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person [causing physical injury to such person] and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04071-01-5
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.