S T A T E   O F   N E W   Y O R K
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                                   48

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to including in the crimes of
  course  of  sexual  conduct  against  a  child in the first and second
  degree, additional sexual acts against a child committed prior to  the
  child's seventeenth birthday

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
amended by chapter 1 of the laws of 2000 and paragraphs (a) and  (b)  of
subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
to read as follows:
  [1.] A person is guilty of course of sexual conduct against a child in
the first degree when[, over a period of time not less than three months
in duration]:
  [(a)  he] 1. HE or she engages in two or more acts of sexual conduct[,
which] WITH A CHILD UNDER SEVENTEEN YEARS OLD, AND  (I)  THE  COURSE  OF
SEXUAL  CONDUCT  includes  at  least one act of sexual intercourse, oral
sexual conduct, anal sexual conduct, or aggravated sexual contact[, with
a child] OCCURRING WHEN SUCH CHILD IS less than eleven years  old;  [or]
AND  (II)  THE COURSE OF SEXUAL CONDUCT INCLUDES AT LEAST ONE ADDITIONAL
ACT OF SEXUAL CONDUCT OCCURRING WHEN SUCH  CHILD  IS  LESS  THAN  ELEVEN
YEARS  OLD;  AND  (III)  THE  TIME BETWEEN ANY TWO OF THE ACTS OF SEXUAL
CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN ELEVEN YEARS OLD IS NINE-
TY DAYS OR GREATER; OR
  [(b) he] 2. HE or she,  being  eighteen  years  old  or  more  AT  THE
COMMENCEMENT  OF  THE  COURSE  OF SEXUAL CONDUCT, engages in two or more
acts of sexual conduct[, which include] WITH  A  CHILD  UNDER  SEVENTEEN
YEARS  OLD,  AND  (I) THE COURSE OF SEXUAL CONDUCT INCLUDES at least one
act of sexual intercourse, oral sexual conduct, anal sexual conduct,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00549-01-5

A. 48                               2

aggravated  sexual  contact[,  with a] OCCURRING WHEN SUCH child IS less
than thirteen years old; AND (II) THE COURSE OF SEXUAL CONDUCT  INCLUDES
AT  LEAST  ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD OCCURRING
WHEN  SUCH  CHILD  IS  LESS  THAN THIRTEEN YEARS OLD; AND (III) THE TIME
BETWEEN ANY TWO OF THE ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH  CHILD
IS UNDER THIRTEEN YEARS OLD IS NINETY DAYS OR GREATER.
  [2.]  3.  A  person  may  not be subsequently prosecuted for any other
sexual offense involving  the  same  victim  unless  the  other  charged
offense occurred outside the time period charged under this section.
  S  2.  Subdivisions  1  and  2  of section 130.80 of the penal law, as
amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
follows:
  [1.] A person is guilty of course of sexual conduct against a child in
the  second  degree  when[,  over  a  period of time not less than three
months in duration]:
  [(a) he] 1. HE or she engages in two or more acts  of  sexual  conduct
with  a  child  UNDER  SEVENTEEN YEARS OLD, AND (I) THE COURSE OF SEXUAL
CONDUCT INCLUDES AT LEAST TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH
CHILD IS less than eleven years old; AND (II) THE TIME BETWEEN  ANY  TWO
OF  THE  ACTS  OF  SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN
ELEVEN YEARS OLD IS NINETY DAYS OR GREATER; or
  [(b) he] 2. HE or she,  being  eighteen  years  old  or  more  AT  THE
COMMENCEMENT  OF  THE  COURSE  OF SEXUAL CONDUCT, engages in two or more
acts of sexual conduct with a  child  less  than  [thirteen  years  old]
SEVENTEEN  YEARS  OLD,  AND (I) THE COURSE OF SEXUAL CONDUCT INCLUDES AT
LEAST TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS  THAN
THIRTEEN YEARS OLD; AND (II) THE TIME BETWEEN ANY TWO OF THE ACTS OCCUR-
RING  WHEN  SUCH CHILD IS LESS THAN THIRTEEN YEARS OLD IS NINETY DAYS OR
GREATER.
  [2.] 3. A person may not be  subsequently  prosecuted  for  any  other
sexual  offense  involving  the  same  victim  unless  the other charged
offense occurred outside the time period charged under this section.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.