Bill Text: NY S07848 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates the crime of aggravated sexual conduct in the first degree; makes such offense a class B felony; provides that persons guilty of aggravated sexual conduct in the first degree are placed on the sex offender registry.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-09-21 - REFERRED TO RULES [S07848 Detail]

Download: New_York-2011-S07848-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7848
                                   I N  S E N A T E
                                  September 21, 2012
                                      ___________
       Introduced  by  Sens. SAVINO, VALESKY, KLEIN, CARLUCCI -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Rules
       AN  ACT  to  amend  the penal law and the correction law, in relation to
         aggravated sexual contact in the first degree
         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 130.73 to
    2  read as follows:
    3  S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE.
    4    A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN  THE  FIRST  DEGREE
    5  WHEN  HE  OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED
    6  OR UNCLOTHED, TO ANOTHER PERSON FOR THE  PURPOSE  OF  GRATIFYING  SEXUAL
    7  DESIRE  BY  THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR
    8  UPON ANY PART OF THE VICTIM:
    9    1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY  REASON  OF  BEING
   10  PHYSICALLY  HELPLESS,  POWERLESS  TO MOVE OR WHILE A PASSENGER ON PUBLIC
   11  TRANSPORTATION; OR
   12    2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD.
   13    AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY.
   14    S 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
   15  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   16  2008, is amended to read as follows:
   17    (i) a conviction of or a conviction for an attempt to  commit  any  of
   18  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
   19  130.45, 130.60, 130.73, 230.34, 250.50, 255.25,  255.26  and  255.27  or
   20  article  two  hundred  sixty-three  of the penal law, or section 135.05,
   21  135.10, 135.20 or 135.25 of such law relating  to  kidnapping  offenses,
   22  provided  the  victim of such kidnapping or related offense is less than
   23  seventeen years old and the offender is not the parent of the victim, or
   24  section 230.04, where the person patronized is in fact less than  seven-
   25  teen  years  of  age,  230.05  or  230.06, or subdivision two of section
   26  230.30, or section 230.32 or 230.33 of the penal law, or
   27    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   28  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16518-01-2