Bill Text: NY A07102 | 2015-2016 | General Assembly | Introduced


Bill Title: Establishes the offense of aggravated sexual offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A07102 Detail]

Download: New_York-2015-A07102-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7102
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2015
                                      ___________
       Introduced by M. of A. McDONALD -- read once and referred to the Commit-
         tee on Codes
       AN  ACT  to  amend  the penal law and the correction law, in relation to
         establishing the offense of sexually aggravated offense
         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 130.97 to
    2  read as follows:
    3  S 130.97 SEXUALLY AGGRAVATED OFFENSE.
    4    1. A PERSON COMMITS A SEXUALLY  AGGRAVATED  OFFENSE  WHEN  HE  OR  SHE
    5  COMMITS  A  SPECIFIED  OFFENSE  FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL
    6  PART, OF HIS OR HER OWN DIRECT SEXUAL GRATIFICATION.
    7    2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
    8  PROVISIONS OF THIS PART: OBSCENITY IN THE THIRD DEGREE,  AS  DEFINED  IN
    9  SECTION  235.05 OF THIS PART, HARASSMENT IN THE FIRST DEGREE, AS DEFINED
   10  IN SECTION 240.25 OF THIS PART, HARASSMENT  IN  THE  SECOND  DEGREE,  AS
   11  DEFINED IN SECTION 240.30 OF THIS PART, DISSEMINATING A FALSE REGISTERED
   12  SEX  OFFENDER  NOTE,  AS  DEFINED IN SECTION 240.48 OF THIS PART, PUBLIC
   13  LEWDNESS, AS DEFINED IN  SECTION  245.00  OF  THIS  PART,  EXPOSURE,  AS
   14  DEFINED  IN  SECTION  245.01  OF  THIS PART, PROMOTING THE EXPOSURE OF A
   15  PERSON, AS DEFINED IN SECTION 245.02 OF THIS  PART,  PUBLIC  DISPLAY  OF
   16  OFFENSIVE  SEXUAL  MATERIAL,  AS DEFINED IN SECTION 245.11 OF THIS PART,
   17  ENDANGERING THE WELFARE OF A CHILD, AS DEFINED IN SECTION 260.10 OF THIS
   18  PART, UNLAWFULLY DEALING WITH A CHILD IN THE FIRST DEGREE, AS DEFINED IN
   19  SECTION 260.20 OF THIS PART, UNLAWFULLY DEALING  WITH  A  CHILD  IN  THE
   20  SECOND  DEGREE,  AS  DEFINED IN SECTION 260.21 OF THIS PART, ENDANGERING
   21  THE WELFARE OF AN INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  IN  THE
   22  SECOND  DEGREE,  AS DEFINED IN SECTION 260.24 OF THIS PART, MISREPRESEN-
   23  TATION BY A CHILD DAY CARE PROVIDER, AS DEFINED  IN  SECTION  260.31  OF
   24  THIS  PART  OR  ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
   25  OFFENSES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10543-01-5
       A. 7102                             2
    1    S 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
    2  law, as amended by part 405 of the laws of 2008, is amended to  read  as
    3  follows:
    4    (a)  (i)  a conviction of or a conviction for an attempt to commit any
    5  of the provisions of sections 120.70, 130.20,  130.25,  130.30,  130.40,
    6  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    7  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    8  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    9  victim  of  such  kidnapping  or  related offense is less than seventeen
   10  years old and the offender is not the parent of the victim,  or  section
   11  230.04, where the person patronized is in fact less than seventeen years
   12  of  age,  230.05  or  230.06,  or  subdivision two of section 230.30, or
   13  section 230.32 or 230.33 of the penal law, or (ii) a conviction of or  a
   14  conviction  for  an  attempt  to commit any of the provisions of section
   15  235.22 of the penal law, or (iii) a conviction of or a conviction for an
   16  attempt to commit any provisions of the foregoing sections committed  or
   17  attempted  as a hate crime defined in section 485.05 of the penal law or
   18  as a crime of terrorism defined in section 490.25 of such law  or  as  a
   19  sexually motivated felony defined in section 130.91 of such law, OR AS A
   20  SEXUALLY AGGRAVATED OFFENSE AS DEFINED IN SECTION 130.97 OF SUCH LAW; or
   21    S 3. This act shall take effect immediately.
feedback