Bill Text: NY A00104 | 2019-2020 | General Assembly | Introduced

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Bill Title: Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00104 Detail]

Download: New_York-2019-A00104-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           104
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL, SEAWRIGHT, SIMON, ROZIC, ORTIZ,
          GOTTFRIED, ENGLEBRIGHT, BARNWELL, GALEF,  JAFFEE,  ZEBROWSKI,  WEPRIN,
          D'URSO, SIMOTAS -- read once and referred to the Committee on Codes
        AN  ACT  to amend the penal law, in relation to modifying the offense of
          "forcible touching" to "unwanted touching"  and  by  removing  certain
          elements of the actor's intent
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 130.52 of the penal law, as amended by chapter  264
     2  of  the laws of 2003, the opening paragraph and subdivision 1 as amended
     3  and subdivision 2 as added by chapter  250  of  the  laws  of  2015,  is
     4  amended to read as follows:
     5  § 130.52 [Forcible] Unwanted touching.
     6    A  person  is  guilty of [forcible] unwanted touching when such person
     7  intentionally, and for no legitimate purpose:
     8    1. [forcibly] touches the sexual or other intimate  parts  of  another
     9  person  [for the purpose of degrading or abusing such person, or for the
    10  purpose of gratifying the actor's sexual desire]  without  the  latter's
    11  consent; or
    12    2. subjects another person to sexual contact [for the purpose of grat-
    13  ifying  the  actor's  sexual  desire and with intent to degrade or abuse
    14  such other person] without the latter's consent while such other  person
    15  is  a  passenger  on a bus, train, or subway car operated by any transit
    16  agency, authority or company, public  or  private,  whose  operation  is
    17  authorized by New York state or any of its political subdivisions.
    18    For  the  purposes  of  this  section,  [forcible]  unwanted  touching
    19  includes but is not limited to squeezing, grabbing, rubbing or pinching.
    20    [Forcible] Unwanted touching is a class A misdemeanor.
    21    § 2. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01844-01-9