Bill Text: NY S05238 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 5238 (Prior Session Legislation)

Introduced

Bill Title: Relates to sexual abuse of a person under thirteen when the actor is eighteen years old or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S05238 Detail]

Download: New_York-2009-S05238-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5238
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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 sexual abuse of  a  person
         under the age of thirteen
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 130.65 of the penal law, as amended by chapter 1 of
    2  the laws of 2000, is amended to read as follows:
    3  S 130.65 Sexual abuse in the first degree.
    4    A person is guilty of sexual abuse in the first degree when he or  she
    5  subjects another person to sexual contact:
    6    1. By forcible compulsion; or
    7    2.  When  the  other person is incapable of consent by reason of being
    8  physically helpless; or
    9    3. When the other person is less than eleven years old; OR
   10    4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
   11  IS EIGHTEEN YEARS OLD OR MORE.
   12    Sexual abuse in the first degree is a class D felony.
   13    S 2. This act shall take effect on the ninetieth day  after  it  shall
   14  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11461-02-9