Bill Text: NY A04969 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the crime of forcible touching.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-09-25 - signed chap.250 [A04969 Detail]

Download: New_York-2015-A04969-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4969--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2015
                                      ___________
       Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
         tee on Codes -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee
       AN  ACT  to amend the penal law, in relation to forcible touching in the
         first and second degree
         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, is amended to read as follows:
    3  S 130.52 Forcible touching IN THE SECOND DEGREE.
    4    A person is guilty of forcible touching IN THE SECOND DEGREE when such
    5  person intentionally, and for no legitimate purpose[,]:
    6    (1) forcibly touches the sexual or other  intimate  parts  of  another
    7  person  for  the purpose of degrading or abusing such person; or for the
    8  purpose of gratifying the actor's sexual desire; OR
    9    (2) TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS,  CLOTHED
   10  OR  UNCLOTHED,  AGAINST  ANY  BODY  PART  OF  ANOTHER PERSON, CLOTHED OR
   11  UNCLOTHED, FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH  INTENT  TO
   12  DEGRADE  OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A PASSEN-
   13  GER ON A BUS, TRAIN, OR SUBWAY  CAR  OPERATED  BY  ANY  TRANSIT  AGENCY,
   14  AUTHORITY  OR  COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED
   15  BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   16    For the purposes of this section, forcible touching  includes  squeez-
   17  ing, grabbing or pinching.
   18    Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
   19    S 2. The penal law is amended by adding a new section 130.52-a to read
   20  as follows:
   21  S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
   22    A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
   23  PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND  DEGREE  AND
   24  EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON.
   25    FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
   26    S 3. This act shall take effect on the first of November next succeed-
   27  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.
                                                                  LBD07363-02-5