Bill Text: NY S07248 | 2019-2020 | General Assembly | Introduced

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Bill Title: Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses and removes the time limit to bring subsequent sexual offenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-14 - REFERRED TO CODES [S07248 Detail]

Download: New_York-2019-S07248-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7248

                    IN SENATE

                                    January 14, 2020
                                       ___________

        Introduced  by  Sen.  BIAGGI -- 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  including  instances  of
          sexual  conduct  against  a  child less than seventeen years of age to
          certain sex offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
     2  amended  by  chapter  1  of  the laws of 2000, paragraphs (a) and (b) of
     3  subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
     4  to read as follows:
     5    [1.] A person is guilty of course of sexual conduct against a child in
     6  the first degree when, over a period of time not less than three  months
     7  in duration:
     8    [(a)]  1.  he  or  she  engages in two or more acts of sexual conduct,
     9  which includes at least one  act  of  sexual  intercourse,  oral  sexual
    10  conduct,  anal sexual conduct or aggravated sexual contact, with a child
    11  less than eleven years old; and includes at least one additional act  of
    12  sexual  conduct  with  the  child when that child is less than seventeen
    13  years old; or
    14    [(b)] 2. he or she, being eighteen years old or more, at the commence-
    15  ment of the course of sexual conduct, engages in two  or  more  acts  of
    16  sexual  conduct,  which  include at least one act of sexual intercourse,
    17  oral sexual conduct, anal sexual conduct or aggravated  sexual  contact,
    18  with  a  child  less  than thirteen years old; and includes at least one
    19  additional act of sexual conduct with the child when that child is  less
    20  than seventeen years old.
    21    [2.  A  person may not be subsequently prosecuted for any other sexual
    22  offense involving the same  victim  unless  the  other  charged  offense
    23  occurred outside the time period charged under this section.]
    24    §  2.  Subdivisions  1  and  2  of section 130.80 of the penal law, as
    25  amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
    26  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14670-01-0
        S. 7248                             2

     1    [1.] A person is guilty of course of sexual conduct against a child in
     2  the second degree when, over a period of time not less than three months
     3  in duration:
     4    [(a)]  1. he or she engages in two or more acts of sexual conduct with
     5  a child, which includes at least one act of sexual conduct with a  child
     6  less  than eleven years old; and includes at least one additional act of
     7  sexual conduct with a child less than seventeen years old; or
     8    [(b)] 2. he or she, being eighteen years old or more, at the commence-
     9  ment of the course of sexual conduct, engages in two  or  more  acts  of
    10  sexual  conduct  with a child less than thirteen years old; and includes
    11  at least one additional act of sexual conduct with  a  child  less  than
    12  seventeen years old.
    13    [2.  A  person may not be subsequently prosecuted for any other sexual
    14  offense involving the same  victim  unless  the  other  charged  offense
    15  occurred outside the time period charged under this section.]
    16    §  3.  Section 130.96 of the penal law, as added by chapter 107 of the
    17  laws of 2006, is amended to read as follows:
    18  § 130.96 Predatory sexual assault against a child.
    19    A person is guilty of predatory sexual assault against a  child  when,
    20  being eighteen years old or more, he or she commits:
    21    1.  the  crime of rape in the first degree, criminal sexual act in the
    22  first degree, or aggravated sexual abuse in the first degree, [or course
    23  of sexual conduct against a child in the first degree,]  as  defined  in
    24  this article, and the victim is less than thirteen years old[.]; or
    25    2.  the  crime  of  a  course of sexual conduct against a child in the
    26  first degree, as defined in this article, and the  person  was  eighteen
    27  years  old  or more and the victim was less than thirteen years old when
    28  the conduct commenced.
    29    Predatory sexual assault against a child is a class A-II felony.
    30    § 4. This act shall take effect immediately.