Bill Text: NY A02091 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person; includes such felony and the class A misdemeanor of forcible touching within the definition of "sex offense" for the purposes of the sex offender registration act.

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02091 Detail]

Download: New_York-2015-A02091-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2091
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A.  McDONOUGH, SIMANOWITZ, CROUCH, DUPREY, GRAF,
         CLARK, PALMESANO, FINCH -- Multi-Sponsored by --  M.  of  A.  BARCLAY,
         CERETTO,  GIGLIO,  KEARNS,  THIELE  --  read  once and referred to the
         Committee on Codes
       AN ACT to amend the penal law and the correction law, in relation to the
         new crime of gang sexual assault
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 130.54 to
    2  read as follows:
    3  S 130.54 GANG SEXUAL ASSAULT.
    4    A PERSON IS GUILTY OF GANG SEXUAL ASSAULT WHEN:
    5    1. AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR  SHE  SUBJECTS
    6  ANOTHER  PERSON  TO  SEXUAL  CONTACT  WITHOUT  THE  CONSENT OF THE OTHER
    7  PERSON; OR
    8    2. WITH INTENT TO EXPOSE THE INTIMATE PARTS OF  THE  BODY  OF  ANOTHER
    9  PERSON, AND WHEN AIDED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE
   10  OR  SHE  REMOVES  OR ATTEMPTS TO REMOVE AN ARTICLE OF CLOTHING FROM SUCH
   11  PERSON WITHOUT THE CONSENT OF SUCH PERSON.
   12    GANG SEXUAL ASSAULT IS A CLASS E FELONY.
   13    S 2. Paragraph (c) of subdivision 2 of section  130.05  of  the  penal
   14  law,  as  amended by chapter 264 of the laws of 2003, is amended to read
   15  as follows:
   16    (c) Where the offense charged is sexual abuse [or], forcible touching,
   17  OR GANG SEXUAL ASSAULT,  any  circumstances,  in  addition  to  forcible
   18  compulsion  or  incapacity  to  consent,  in  which  the victim does not
   19  expressly or impliedly acquiesce in the actor's conduct; or
   20    S 3. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
   21  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   22  2008, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03518-01-5
       A. 2091                             2
    1    (i) a conviction of or a conviction for an attempt to  commit  any  of
    2  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
    3  130.45, 130.54, 130.60, 230.34, 250.50, 255.25,  255.26  and  255.27  or
    4  article  two  hundred  sixty-three  of the penal law, or section 135.05,
    5  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    6  provided the victim of such kidnapping or related offense is  less  than
    7  seventeen years old and the offender is not the parent of the victim, or
    8  section  230.04, where the person patronized is in fact less than seven-
    9  teen years of age, 230.05 or  230.06,  or  subdivision  two  of  section
   10  230.30, or section 230.32 or 230.33 of the penal law, or
   11    S 4. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.