Bill Text: NY A00788 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.

Spectrum: Moderate Partisan Bill (Democrat 29-4)

Status: (Introduced - Dead) 2011-04-12 - substituted by s1882 [A00788 Detail]

Download: New_York-2011-A00788-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          788
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A. DESTITO, BENEDETTO, CUSICK, GALEF, GABRYSZAK,
         HOOPER, LAVINE, MAISEL, PAULIN, PHEFFER, TITONE,  WEISENBERG,  SCHROE-
         DER,  SPANO,  SCARBOROUGH  --  Multi-Sponsored  by -- M. of A. ABBATE,
         BOYLAND, BURLING, COLTON, GUNTHER, HIKIND,  LANCMAN,  LUPARDO,  MAGEE,
         PERRY,  REILLY,  ROSENTHAL,  SALADINO,  SCHIMMINGER, SWEENEY, TOWNS --
         read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to sexual abuse of  a  person
         under the age of thirteen
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
    2  the laws of 2000, is amended to read as follows:
    3  S 130.65 Sexual abuse in the first degree.
    4    A person is guilty of sexual abuse in the first degree when he or  she
    5  subjects another person to sexual contact:
    6    1. By forcible compulsion; or
    7    2.  When  the  other person is incapable of consent by reason of being
    8  physically helpless; or
    9    3. When the other person is less than eleven years old; OR
   10    4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
   11  IS TWENTY-ONE YEARS OLD OR OLDER.
   12    Sexual abuse in the first degree is a class D felony.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing 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.
                                                                  LBD01672-01-1