Bill Text: NY S08898 | 2021-2022 | General Assembly | Introduced

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Bill Title: Repeals provisions relating to aggravated sexual abuse in the fourth degree; expands the definition of aggravated sexual abuse in the third degree to include intentional touching, for no legitimate purpose, of certain sexual or other intimate parts of a person under the age of thirteen for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-27 - REFERRED TO CODES [S08898 Detail]

Download: New_York-2021-S08898-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8898

                    IN SENATE

                                     April 27, 2022
                                       ___________

        Introduced  by Sen. STAVISKY -- 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  aggravated  sexual  abuse
          against children under age thirteen; and to repeal section 130.65-a of
          the penal law relating to aggravated sexual abuse in the fourth degree

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

     1    Section 1.  Section 130.65-a of the penal law is REPEALED.
     2    § 2. Section 130.66 of the penal law, as added by chapter 181  of  the
     3  laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
     4  of  2009,  and  subdivision  3 as renumbered by chapter 1 of the laws of
     5  2000, is amended to read as follows:
     6  § 130.66 Aggravated sexual abuse in the third degree.
     7    [1. A person is guilty of aggravated sexual abuse in the third  degree
     8  when  he  or she inserts a foreign object in the vagina, urethra, penis,
     9  rectum or anus of another person:
    10    (a) By forcible compulsion; or
    11    (b) When the other person is incapable of consent by reason  of  being
    12  physically helpless; or
    13    (c) When the other person is less than eleven years old.
    14    2.  A  person is guilty of aggravated sexual abuse in the third degree
    15  when he or she inserts a foreign object in the vagina,  urethra,  penis,
    16  rectum  or anus of another person causing physical injury to such person
    17  and such person is incapable of consent  by  reason  of  being  mentally
    18  disabled or mentally incapacitated.
    19    3.  Conduct performed for a valid medical purpose does not violate the
    20  provisions of this section] A person  is  guilty  of  aggravated  sexual
    21  abuse  in  the  third  degree when such person intentionally, and for no
    22  legitimate purpose, touches the vagina, vulva, penis, rectum, or anus of
    23  another person using a finger, hand, or foreign object for  the  purpose
    24  of  degrading  or  abusing such person, or for the purpose of gratifying
    25  the actor's sexual desire, when such other person is under  the  age  of
    26  thirteen.
    27    Aggravated sexual abuse in the third degree is a class [D] E felony.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15151-01-2
        S. 8898                             2

     1    §  3. Subdivision 1 and the closing paragraph of section 130.67 of the
     2  penal law, as added by chapter 450 of the  laws  of  1988,  the  opening
     3  paragraph  of  subdivision  1  as  amended by chapter 485 of the laws of
     4  2009, are amended to read as follows:
     5    1.  A person is guilty of aggravated sexual abuse in the second degree
     6  when [he or she] such person inserts a finger, hand, or  foreign  object
     7  in the vagina, urethra, penis, rectum or anus of another person [causing
     8  physical injury to such person]:
     9    (a) By forcible compulsion; or
    10    (b) When the other  person  is incapable of consent by reason of being
    11  physically helpless; or
    12    (c) When the other person is incapable of consent by reason  of  being
    13  mentally disabled or mentally incapacitated; or
    14    (d) When the other person is less than eleven years old; or
    15    (e)  When  the  other  person  is less than thirteen years old and the
    16  actor is eighteen years old or older.
    17    Aggravated sexual abuse in the second degree is a class [C] D felony.
    18    § 4. Subdivision 1 of section 130.70 of the penal law, as  amended  by
    19  chapter  450 of the laws of 1988, the opening paragraph of subdivision 1
    20  as amended by chapter 485 of the laws of 2009, is  amended  to  read  as
    21  follows:
    22    1.  A  person is guilty of aggravated sexual abuse in the first degree
    23  when [he or she] such person inserts a finger, hand, or  foreign  object
    24  in  the vagina, urethra, penis, rectum or anus of another person causing
    25  physical injury to such person:
    26    (a) By forcible compulsion; or
    27    (b) When the other person is incapable of consent by reason  of  being
    28  physically helpless; or
    29    (c)  When  the other person is incapable of consent by reason of being
    30  mentally disabled or mentally incapacitated; or
    31    (d) When the other person is less than eleven years old; or
    32    (e) When the other person is less than  thirteen  years  old  and  the
    33  actor is eighteen years old or older.
    34    §  5.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
    35  law, as amended by section 2 of part G of chapter 501  of  the  laws  of
    36  2012, is amended to read as follows:
    37    (h)  a  client  or  patient and the actor is a health care provider or
    38  mental health care provider charged with rape in  the  third  degree  as
    39  defined  in  section  130.25 of this article, criminal sexual act in the
    40  third degree as defined in section 130.40 of  this  article,  aggravated
    41  sexual  abuse  in  the  [fourth]  third  degree  as  defined  in section
    42  [130.65-a] 130.66 of this article, or sexual abuse in the  third  degree
    43  as  defined  in  section  130.55  of this article, and the act of sexual
    44  conduct occurs during a treatment session, consultation,  interview,  or
    45  examination; or
    46    §  6.  Subdivision 3 of section 130.10 of the penal law, as amended by
    47  chapter 264 of the laws of 2003, is amended to read as follows:
    48    3. In any prosecution for the crime of rape in  the  third  degree  as
    49  defined  in  section  130.25 of this article, criminal sexual act in the
    50  third degree as defined in section 130.40 of  this  article,  aggravated
    51  sexual  abuse  in  the  [fourth]  third  degree  as  defined  in section
    52  [130.65-a] 130.66 of this article, or sexual abuse in the  third  degree
    53  as  defined  in  section  130.55  of this article in which incapacity to
    54  consent is based on the circumstances set  forth  in  paragraph  (h)  of
    55  subdivision  three  of  section  130.05  of  this article it shall be an
    56  affirmative defense that the client or patient consented to such conduct
        S. 8898                             3

     1  charged after having been expressly advised by the health care or mental
     2  health care provider that such conduct was not  performed  for  a  valid
     3  medical purpose.
     4    § 7. This act shall take effect immediately.