Bill Text: NY S08027 | 2021-2022 | General Assembly | Amended
Bill Title: Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of their employment.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2022-05-25 - PRINT NUMBER 8027B [S08027 Detail]
Download: New_York-2021-S08027-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8027--B IN SENATE January 20, 2022 ___________ Introduced by Sens. SAVINO, STAVISKY, GALLIVAN, GAUGHRAN, MANNION, PALUMBO, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to establishing the crime of forcible touching of a correction officer, and to increase criminal penalties for certain sexual offenses committed against correction officers 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 130.52-a 2 to read as follows: 3 § 130.52-a Forcible touching of a correction officer. 4 A person is guilty of forcible touching of a correction officer when 5 such person intentionally, and for no legitimate purpose, forcibly 6 touches the sexual or other intimate parts of a correction officer for 7 the purpose of degrading or abusing such officer, or for the purpose of 8 gratifying the actor's sexual desire, when such correction officer is 9 acting in the course of their employment. 10 For the purposes of this section, forcible touching includes squeez- 11 ing, grabbing or pinching. 12 Forcible touching of a correction officer is a class E felony. 13 § 2. Section 130.20 of the penal law, as amended by chapter 1 of the 14 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of 15 2003, is amended to read as follows: 16 § 130.20 Sexual misconduct. 17 A person is guilty of sexual misconduct when: 18 1. He or she engages in sexual intercourse with another person without 19 such person's consent; or 20 2. He or she engages in oral sexual conduct or anal sexual conduct 21 with another person without such person's consent; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13896-04-2S. 8027--B 2 1 3. He or she engages in sexual conduct with an animal or a dead human 2 body. 3 Sexual misconduct is a class A misdemeanor, provided, however, that 4 when a person is guilty of sexual misconduct against a correction offi- 5 cer when such correction officer is acting in the course of their 6 employment, sexual misconduct is a class E felony. 7 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the 8 laws of 2000, is amended to read as follows: 9 § 130.25 Rape in the third degree. 10 A person is guilty of rape in the third degree when: 11 1. He or she engages in sexual intercourse with another person who is 12 incapable of consent by reason of some factor other than being less than 13 seventeen years old; 14 2. Being twenty-one years old or more, he or she engages in sexual 15 intercourse with another person less than seventeen years old; or 16 3. He or she engages in sexual intercourse with another person without 17 such person's consent where such lack of consent is by reason of some 18 factor other than incapacity to consent. 19 Rape in the third degree is a class E felony, provided, however, that 20 when a person is guilty of rape in the third degree against a correction 21 officer when such correction officer is acting in the course of their 22 employment, rape in the third degree is a class D felony. 23 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the 24 laws of 2000, is amended to read as follows: 25 § 130.30 Rape in the second degree. 26 A person is guilty of rape in the second degree when: 27 1. being eighteen years old or more, he or she engages in sexual 28 intercourse with another person less than fifteen years old; or 29 2. he or she engages in sexual intercourse with another person who is 30 incapable of consent by reason of being mentally disabled or mentally 31 incapacitated. 32 It shall be an affirmative defense to the crime of rape in the second 33 degree as defined in subdivision one of this section that the defendant 34 was less than four years older than the victim at the time of the act. 35 Rape in the second degree is a class D felony, provided, however, that 36 when a person is guilty of rape in the second degree against a 37 correction officer when such correction officer is acting in the course 38 of their employment, rape in the second degree is a class C felony. 39 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the 40 laws of 2000, is amended to read as follows: 41 § 130.35 Rape in the first degree. 42 A person is guilty of rape in the first degree when he or she engages 43 in sexual intercourse with another person: 44 1. By forcible compulsion; or 45 2. Who is incapable of consent by reason of being physically helpless; 46 or 47 3. Who is less than eleven years old; or 48 4. Who is less than thirteen years old and the actor is eighteen years 49 old or more. 50 Rape in the first degree is a class B felony, provided, however, that 51 when a person is guilty of rape in the first degree against a correction 52 officer when such correction officer is acting in the course of their 53 employment, rape in the first degree is a class A-II felony. 54 § 6. Section 130.40 of the penal law, as amended by chapter 264 of the 55 laws of 2003, is amended to read as follows: 56 § 130.40 Criminal sexual act in the third degree.S. 8027--B 3 1 A person is guilty of criminal sexual act in the third degree when: 2 1. He or she engages in oral sexual conduct or anal sexual conduct 3 with a person who is incapable of consent by reason of some factor other 4 than being less than seventeen years old; 5 2. Being twenty-one years old or more, he or she engages in oral sexu- 6 al conduct or anal sexual conduct with a person less than seventeen 7 years old; or 8 3. He or she engages in oral sexual conduct or anal sexual conduct 9 with another person without such person's consent where such lack of 10 consent is by reason of some factor other than incapacity to consent. 11 Criminal sexual act in the third degree is a class E felony, provided, 12 however, that when a person is guilty of criminal sexual act in the 13 third degree against a correction officer when such correction officer 14 is acting in the course of their employment, criminal sexual act in the 15 third degree is a class D felony. 16 § 7. Section 130.45 of the penal law, as amended by chapter 264 of the 17 laws of 2003, is amended to read as follows: 18 § 130.45 Criminal sexual act in the second degree. 19 A person is guilty of criminal sexual act in the second degree when: 20 1. being eighteen years old or more, he or she engages in oral sexual 21 conduct or anal sexual conduct with another person less than fifteen 22 years old; or 23 2. he or she engages in oral sexual conduct or anal sexual conduct 24 with another person who is incapable of consent by reason of being 25 mentally disabled or mentally incapacitated. 26 It shall be an affirmative defense to the crime of criminal sexual act 27 in the second degree as defined in subdivision one of this section that 28 the defendant was less than four years older than the victim at the time 29 of the act. 30 Criminal sexual act in the second degree is a class D felony, 31 provided, however, that when a person is guilty of criminal sexual act 32 in the second degree against a correction officer when such correction 33 officer is acting in the course of their employment, criminal sexual act 34 in the second degree is a class C felony. 35 § 8. Section 130.50 of the penal law, as amended by chapter 264 of the 36 laws of 2003, is amended to read as follows: 37 § 130.50 Criminal sexual act in the first degree. 38 A person is guilty of criminal sexual act in the first degree when he 39 or she engages in oral sexual conduct or anal sexual conduct with anoth- 40 er person: 41 1. By forcible compulsion; or 42 2. Who is incapable of consent by reason of being physically helpless; 43 or 44 3. Who is less than eleven years old; or 45 4. Who is less than thirteen years old and the actor is eighteen years 46 old or more. 47 Criminal sexual act in the first degree is a class B felony, provided, 48 however, that when a person is guilty of criminal sexual act in the 49 first degree against a correction officer when such correction officer 50 is acting in the course of their employment, criminal sexual act in the 51 first degree is a class A-II felony. 52 § 9. Section 130.53 of the penal law, as amended by chapter 192 of the 53 laws of 2014, is amended to read as follows: 54 § 130.53 Persistent sexual abuse. 55 A person is guilty of persistent sexual abuse when he or she commits 56 the crime of forcible touching, as defined in section 130.52 of thisS. 8027--B 4 1 article, sexual abuse in the third degree, as defined in section 130.55 2 of this article, or sexual abuse in the second degree, as defined in 3 section 130.60 of this article, and, within the previous ten year peri- 4 od, excluding any time during which such person was incarcerated for any 5 reason, has been convicted two or more times, in separate criminal tran- 6 sactions for which sentence was imposed on separate occasions, of forci- 7 ble touching, as defined in section 130.52 of this article, sexual abuse 8 in the third degree as defined in section 130.55 of this article, sexual 9 abuse in the second degree, as defined in section 130.60 of this arti- 10 cle, or any offense defined in this article, of which the commission or 11 attempted commission thereof is a felony. 12 Persistent sexual abuse is a class E felony, provide, however, that 13 when a person is guilty of persistent sexual abuse against a correction 14 officer when such correction officer is acting in the course of their 15 employment, persistent sexual abuse is a class D felony. 16 § 10. Section 130.55 of the penal law, as amended by chapter 1 of the 17 laws of 2000, is amended to read as follows: 18 § 130.55 Sexual abuse in the third degree. 19 A person is guilty of sexual abuse in the third degree when he or she 20 subjects another person to sexual contact without the latter's consent; 21 except that in any prosecution under this section, it is an affirmative 22 defense that (a) such other person's lack of consent was due solely to 23 incapacity to consent by reason of being less than seventeen years old, 24 and (b) such other person was more than fourteen years old, and (c) the 25 defendant was less than five years older than such other person. 26 Sexual abuse in the third degree is a class B misdemeanor, provided, 27 however, that when a person is guilty of sexual abuse in the third 28 degree against a correction officer when such correction officer is 29 acting in the course of their employment, sexual abuse in the third 30 degree is a class A misdemeanor. 31 § 11. Section 130.60 of the penal law, as amended by chapter 1 of the 32 laws of 2000, is amended to read as follows: 33 § 130.60 Sexual abuse in the second degree. 34 A person is guilty of sexual abuse in the second degree when he or she 35 subjects another person to sexual contact and when such other person is: 36 1. Incapable of consent by reason of some factor other than being less 37 than seventeen years old; or 38 2. Less than fourteen years old. 39 Sexual abuse in the second degree is a class A misdemeanor, provided, 40 however, that when a person is guilty of sexual abuse in the second 41 degree against a correction officer when such correction officer is 42 acting in the course of their employment, sexual abuse in the second 43 degree is a class E felony. 44 § 12. Section 130.65 of the penal law, as amended by chapter 26 of the 45 laws of 2011, is amended to read as follows: 46 § 130.65 Sexual abuse in the first degree. 47 A person is guilty of sexual abuse in the first degree when he or she 48 subjects another person to sexual contact: 49 1. By forcible compulsion; or 50 2. When the other person is incapable of consent by reason of being 51 physically helpless; or 52 3. When the other person is less than eleven years old; or 53 4. When the other person is less than thirteen years old and the actor 54 is twenty-one years old or older. 55 Sexual abuse in the first degree is a class D felony, provided, howev- 56 er, that when a person is guilty of sexual abuse in the first degreeS. 8027--B 5 1 against a correction officer when such correction officer is acting in 2 the course of their employment, sexual abuse in the first degree is a 3 class C felony. 4 § 13. Section 130.65-a of the penal law, as added by chapter 1 of the 5 laws of 2000, subdivision 1 as amended by chapter 485 of the laws of 6 2009, is amended to read as follows: 7 § 130.65-a Aggravated sexual abuse in the fourth degree. 8 1. A person is guilty of aggravated sexual abuse in the fourth degree 9 when: 10 (a) He or she inserts a foreign object in the vagina, urethra, penis, 11 rectum or anus of another person and the other person is incapable of 12 consent by reason of some factor other than being less than seventeen 13 years old; or 14 (b) He or she inserts a finger in the vagina, urethra, penis, rectum 15 or anus of another person causing physical injury to such person and 16 such person is incapable of consent by reason of some factor other than 17 being less than seventeen years old. 18 2. Conduct performed for a valid medical purpose does not violate the 19 provisions of this section. 20 Aggravated sexual abuse in the fourth degree is a class E felony, 21 provided, however, that when a person is guilty of aggravated sexual 22 abuse in the fourth degree against a correction officer when such 23 correction officer is acting in the course of their employment, aggra- 24 vated sexual abuse in the fourth degree is a class D felony. 25 § 14. Section 130.66 of the penal law, as added by chapter 181 of the 26 laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws 27 of 2009, subdivision 3 as renumbered by chapter 1 of the laws of 2000, 28 is amended to read as follows: 29 § 130.66 Aggravated sexual abuse in the third degree. 30 1. A person is guilty of aggravated sexual abuse in the third degree 31 when he or she inserts a foreign object in the vagina, urethra, penis, 32 rectum or anus of another person: 33 (a) By forcible compulsion; or 34 (b) When the other person is incapable of consent by reason of being 35 physically helpless; or 36 (c) When the other person is less than eleven years old. 37 2. A person is guilty of aggravated sexual abuse in the third degree 38 when he or she inserts a foreign object in the vagina, urethra, penis, 39 rectum or anus of another person causing physical injury to such person 40 and such person is incapable of consent by reason of being mentally 41 disabled or mentally incapacitated. 42 3. Conduct performed for a valid medical purpose does not violate the 43 provisions of this section. 44 Aggravated sexual abuse in the third degree is a class D felony, 45 provided, however, that when a person is guilty of aggravated sexual 46 abuse in the third degree against a correction officer when such 47 correction officer is acting in the course of their employment, aggra- 48 vated sexual abuse in the third degree is a class C felony. 49 § 15. Section 130.67 of the penal law, as added by chapter 450 of the 50 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 51 ter 485 of the laws of 2009, is amended to read as follows: 52 § 130.67 Aggravated sexual abuse in the second degree. 53 1. A person is guilty of aggravated sexual abuse in the second degree 54 when he or she inserts a finger in the vagina, urethra, penis, rectum or 55 anus of another person causing physical injury to such person: 56 (a) By forcible compulsion; orS. 8027--B 6 1 (b) When the other person is incapable of consent by reason of being 2 physically helpless; or 3 (c) When the other person is less than eleven years old. 4 2. Conduct performed for a valid medical purpose does not violate the 5 provisions of this section. 6 Aggravated sexual abuse in the second degree is a class C felony, 7 provided, however, that when a person is guilty of aggravated sexual 8 abuse in the second degree against a correction officer when such 9 correction officer is acting in the course of their employment, aggra- 10 vated sexual abuse in the second degree is a class B felony. 11 § 16. Section 130.70 of the penal law, as amended by chapter 450 of 12 the laws of 1988, the opening paragraph of subdivision 1 as amended by 13 chapter 485 of the laws of 2009, is amended to read as follows: 14 § 130.70 Aggravated sexual abuse in the first degree. 15 1. A person is guilty of aggravated sexual abuse in the first degree 16 when he or she inserts a foreign object in the vagina, urethra, penis, 17 rectum or anus of another person causing physical injury to such person: 18 (a) By forcible compulsion; or 19 (b) When the other person is incapable of consent by reason of being 20 physically helpless; or 21 (c) When the other person is less than eleven years old. 22 2. Conduct performed for a valid medical purpose does not violate the 23 provisions of this section. 24 Aggravated sexual abuse in the first degree is a class B felony, 25 provided, however, that when a person is guilty of aggravated sexual 26 abuse in the first degree against a correction officer when such 27 correction officer is acting in the course of their employment, aggra- 28 vated sexual abuse in the first degree is a class A-II felony. 29 § 17. Section 130.85 of the penal law, as added by chapter 618 of the 30 laws of 1997, is amended to read as follows: 31 § 130.85 Female genital mutilation. 32 1. A person is guilty of female genital mutilation when: 33 (a) a person knowingly circumcises, excises, or infibulates the whole 34 or any part of the labia majora or labia minora or clitoris of another 35 person who has not reached eighteen years of age; or 36 (b) being a parent, guardian or other person legally responsible and 37 charged with the care or custody of a child less than eighteen years 38 old, he or she knowingly consents to the circumcision, excision or infi- 39 bulation of whole or part of such child's labia majora or labia minora 40 or clitoris. 41 2. Such circumcision, excision, or infibulation is not a violation of 42 this section if such act is: 43 (a) necessary to the health of the person on whom it is performed, and 44 is performed by a person licensed in the place of its performance as a 45 medical practitioner; or 46 (b) performed on a person in labor or who has just given birth and is 47 performed for medical purposes connected with that labor or birth by a 48 person licensed in the place it is performed as a medical practitioner, 49 midwife, or person in training to become such a practitioner or midwife. 50 3. For the purposes of paragraph (a) of subdivision two of this 51 section, no account shall be taken of the effect on the person on whom 52 such procedure is to be performed of any belief on the part of that or 53 any other person that such procedure is required as a matter of custom 54 or ritual. 55 Female genital mutilation is a class E felony, provided, however, that 56 when a person is guilty of female genital mutilation against aS. 8027--B 7 1 correction officer when such correction officer is acting in the course 2 of their employment, female genital mutilation is a class D felony. 3 § 18. Section 130.90 of the penal law, as added by chapter 1 of the 4 laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws 5 of 2003, is amended to read as follows: 6 § 130.90 Facilitating a sex offense with a controlled substance. 7 A person is guilty of facilitating a sex offense with a controlled 8 substance when he or she: 9 1. knowingly and unlawfully possesses a controlled substance or any 10 preparation, compound, mixture or substance that requires a prescription 11 to obtain and administers such substance or preparation, compound, 12 mixture or substance that requires a prescription to obtain to another 13 person without such person's consent and with intent to commit against 14 such person conduct constituting a felony defined in this article; and 15 2. commits or attempts to commit such conduct constituting a felony 16 defined in this article. 17 Facilitating a sex offense with a controlled substance is a class D 18 felony, provided, however, that when a person is guilty of facilitating 19 a sex offense with a controlled substance against a correction officer 20 when such correction officer is acting in the course of their employ- 21 ment, facilitating a sex offense with a controlled substance is a class 22 C felony. 23 § 19. Section 130.95 of the penal law, as added by chapter 107 of the 24 laws of 2006, is amended to read as follows: 25 § 130.95 Predatory sexual assault. 26 A person is guilty of predatory sexual assault when he or she commits 27 the crime of rape in the first degree, criminal sexual act in the first 28 degree, aggravated sexual abuse in the first degree, or course of sexual 29 conduct against a child in the first degree, as defined in this article, 30 and when: 31 1. In the course of the commission of the crime or the immediate 32 flight therefrom, he or she: 33 (a) Causes serious physical injury to the victim of such crime; or 34 (b) Uses or threatens the immediate use of a dangerous instrument; or 35 2. He or she has engaged in conduct constituting the crime of rape in 36 the first degree, criminal sexual act in the first degree, aggravated 37 sexual abuse in the first degree, or course of sexual conduct against a 38 child in the first degree, as defined in this article, against one or 39 more additional persons; or 40 3. He or she has previously been subjected to a conviction for a felo- 41 ny defined in this article, incest as defined in section 255.25 of this 42 [chapter] part or use of a child in a sexual performance as defined in 43 section 263.05 of this [chapter] part. 44 Predatory sexual assault is a class A-II felony, provided, however, 45 that when a person is guilty of predatory sexual assault against a 46 correction officer when such correction officer is acting in the course 47 of their employment, predatory sexual assault is a class A-I felony. 48 § 20. This act shall take effect immediately.