S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7928
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2009
                                      ___________
       Introduced  by M. of A. ABBATE, ALFANO -- Multi-Sponsored by -- M. of A.
         BARRA -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to the commission  of  aggra-
         vated sexual abuse
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraph (c) of subdivision 1 of section  130.66  of  the
    2  penal law, as added by chapter 181 of the laws of 1996, is amended and a
    3  new paragraph (d) is added to read as follows:
    4    (c) When the other person is less than eleven years old[.]; OR
    5    (D)  WHEN  THE  OTHER  PERSON  IS LESS THAN THIRTEEN YEARS OLD AND THE
    6  ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
    7    S 2. Paragraph (c) of subdivision 1 of section  130.67  of  the  penal
    8  law,  as  added by chapter 450 of the laws of 1988, is amended and a new
    9  paragraph (d) is added to read as follows:
   10    (c) When the other person is less than eleven years old[.]; OR
   11    (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
   12  ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
   13    S  3.  Paragraph  (c)  of subdivision 1 of section 130.70 of the penal
   14  law, as amended by chapter 450 of the laws of 1988, is amended and a new
   15  paragraph (d) is added to read as follows:
   16    (c) When the other person is less than eleven years old[.]; OR
   17    (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
   18  ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
   19    S 4. This act shall take effect on the first of November next succeed-
   20  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.
                                                                  LBD06511-01-9