Bill Text: NY S03203 | 2015-2016 | General Assembly | Introduced

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

---

Bill Title: Relates to the crime of forcible touching.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2015-06-18 - SUBSTITUTED BY A4969B [S03203 Detail]

Download: New_York-2015-S03203-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3203
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       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.
                                                                  LBD02913-01-5