Bill Text: NY A02882 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the crime of gang sexual assault in the first and second degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02882 Detail]

Download: New_York-2015-A02882-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2882
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to 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 two new sections  130.54
    2  and 130.54-a to read as follows:
    3  S 130.54 GANG SEXUAL ASSAULT IN THE SECOND DEGREE.
    4    A  PERSON  IS GUILTY OF GANG SEXUAL ASSAULT IN THE SECOND DEGREE WHEN,
    5  AIDED BY TWO OR MORE PERSONS ACTUALLY PRESENT, HE OR SHE:
    6    1. SUBJECTS ANOTHER PERSON TO SEXUAL CONDUCT WITHOUT  THE  CONSENT  OF
    7  THAT PERSON; OR
    8    2.  REMOVES AN ARTICLE OF CLOTHING FROM ANOTHER PERSON WITH THE INTENT
    9  TO EXPOSE THE INTIMATE BODY PARTS OF SUCH PERSON WITHOUT THE CONSENT  OF
   10  SUCH PERSON.
   11    GANG SEXUAL ASSAULT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   12  S 130.54-A GANG SEXUAL ASSAULT IN THE FIRST DEGREE.
   13    A  PERSON IS GUILTY OF GANG SEXUAL ASSAULT IN THE FIRST DEGREE WHEN HE
   14  OR SHE COMMITS THE CRIME OF GANG SEXUAL ASSAULT IN THE SECOND DEGREE:
   15    1. BY FORCIBLE COMPULSION; OR
   16    2. AND THE PERSON IS INCAPABLE OF CONSENT BY REASON OTHER  THAN  BEING
   17  LESS THAN SEVENTEEN YEARS OLD; OR
   18    3. AND THE PERSON IS LESS THAN FOURTEEN YEARS OLD.
   19    GANG SEXUAL ASSAULT IN THE FIRST DEGREE IS A CLASS E FELONY.
   20    S  2.  Paragraph  (c)  of subdivision 2 of section 130.05 of the penal
   21  law, as amended by chapter 264 of the laws of 2003, is amended  to  read
   22  as follows:
   23    (c)  Where the offense charged is sexual abuse, GANG SEXUAL ASSAULT IN
   24  THE FIRST OR SECOND DEGREE, or forcible touching, any circumstances,  in
   25  addition  to  forcible compulsion or incapacity to consent, in which the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01351-01-5
       A. 2882                             2
    1  victim does not expressly or impliedly acquiesce in the actor's conduct;
    2  or
    3    S 3. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.