Bill A8781-2009

Relates to the crimes of aggravated sexual conduct and aggravated sexual abuse

Relates to the crime of aggravated sexual abuse and the definition of aggravated sexual contact; makes technical corrections.

Details

Actions

  • Sep 29, 2009: delivered to governor
  • Sep 10, 2009: RETURNED TO ASSEMBLY
  • Sep 10, 2009: PASSED SENATE
  • Sep 10, 2009: 3RD READING CAL.978
  • Sep 10, 2009: SUBSTITUTED FOR S6071
  • Jun 22, 2009: REFERRED TO RULES
  • Jun 22, 2009: delivered to senate
  • Jun 22, 2009: passed assembly
  • Jun 22, 2009: ordered to third reading rules cal.574
  • Jun 22, 2009: rules report cal.574
  • Jun 22, 2009: reported
  • Jun 15, 2009: reported referred to rules
  • Jun 8, 2009: referred to codes

Votes

Memo

BILL NUMBER:A8781

TITLE OF BILL: An act to amend the penal law, in relation to aggravated sexual abuse

PURPOSE OR GENERAL IDEA OF BILL: To make the aggravated sexual abuse statutes consistent with the criminal sexual act statutes by adding the word "anus" to the list of certain parts of the body of a victim

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 9 of section 130.00 of the penal law, as amended by chapter 696 of the laws of 1981, by providing that the word "anus" shall be added to the list of certain body parts in the definition of "foreign object."

Section two amends subdivision eleven of section 130.00 of the penal law, as added by chapter 122 of the laws of 1996, by providing that the word "anus" shall be added to the list of the certain parts of the body of a child in the definition of "aggravated sexual contact."

Section three amends subdivision 1 of section 130.65-a of the penal law, the crime of aggravated sexual abuse in the fourth degree, by adding the word " anus" to the list of certain parts of the body of a person other than the actor.

Section four amends subdivision 1 and 2 of section 130.66 of the penal law, the crime of aggravated sexual abuse in the third degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section five amends subdivision 1 of section 130.67 of the penal law, the crime of aggravated sexual abuse in the second degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section six amends subdivision 1 of section 130.70 of the penal law, the crime of aggravated sexual abuse in the first degree, by adding the word "anus" to the list of certain parts of the body of a person other than the actor.

Section seven provides the effective date.

JUSTIFICATION: This legislation makes the aggravated sexual abuse statutes consistent with the criminal sexual act statutes. Currently, the word "rectum" is in the aggravated sexual abuse statutes, whereas "anus" is the word used in the criminal sexual act statutes. Both statutes criminalize sexual assault, yet the inconsistency in the statutes' language has resulted in unintended inconsistent results.

There is a medical/anatomical difference between the two parts of the body. "Rectum" is defined in The American Heritage Dictionary, as Title terminal portion of the large intestine, extending from the colon to the

anal canal." Whereas, anus is defined as "the excretory opening at the lower end of the alimentary canal."

In order to prove the commission of the crime of aggravated sexual abuse, victims, including child victims, have had to give detailed testimony in court as to the depth of penetration; the rectum being more internal. This was not the intent of the law. The intention of the statute is to criminalize aggravated sexual abuse. However, such cases have been dismissed and defendants have been found innocent because prosecutors have not been able to prove that a foreign object or finger was inserted, for other than a valid medical purpose, into the rectum because the anus is the place of insertion. By adding the word "anus" to the statute, the statute will operate as it was intended.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 8781 2009-2010 Regular Sessions IN ASSEMBLY June 8, 2009 ___________
Introduced by M. of A. PAULIN, JOHN, EDDINGTON, TITONE, ZEBROWSKI, GALEF, GABRYSZAK, JAFFEE, KOON, LANCMAN, MAISEL, P. RIVERA -- Multi- Sponsored by -- M. of A. BOYLAND, BRADLEY, CHRISTENSEN, DESTITO, GUNTHER, HYER-SPENCER, LENTOL, PHEFFER, SEMINERIO, SWEENEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to aggravated sexual abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 130.00 of the penal law, as amended by chapter 696 of the laws of 1981, is amended to read as follows: 9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis [or], rectum OR ANUS, is capable of causing physical injury. S 2. Subdivision 11 of section 130.00 of the penal law, as added by chapter 122 of the laws of 1996, is amended to read as follows: 11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of a child, thereby causing physical injury to such child. S 3. Subdivision 1 of section 130.65-a of the penal law, as added by chapter 1 of the laws of 2000, is amended to read as follows: 1. A person is guilty of aggravated sexual abuse in the fourth degree when: (a) He or she inserts a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or (b) He or she inserts a finger in the vagina, urethra, penis [or], rectum OR ANUS of another person causing physical injury to such person
and such person is incapable of consent by reason of some factor other than being less than seventeen years old. S 4. Subdivisions 1 and 2 of section 130.66 of the penal law, subdivi- sion 1 as added by chapter 181 of the laws of 1996, subdivision 2 as added by chapter 1 of the laws of 2000, are amended to read as follows: 1. A person is guilty of aggravated sexual abuse in the third degree when he OR SHE inserts a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of another person: (a) By forcible compulsion; or (b) When the other person is incapable of consent by reason of being physically helpless; or (c) When the other person is less than eleven years old. 2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated. S 5. Subdivision 1 of section 130.67 of the penal law, as added by chapter 450 of the laws of 1988, is amended to read as follows: 1. A person is guilty of aggravated sexual abuse in the second degree when he OR SHE inserts a finger in the vagina, urethra, penis, [or] rectum OR ANUS of another person causing physical injury to such person: S 6. Subdivision 1 of section 130.70 of the penal law, as amended by chapter 450 of the laws of 1988, is amended to read as follows: 1. A person is guilty of aggravated sexual abuse in the first degree when he OR SHE inserts a foreign object in the vagina, urethra, penis [or], rectum OR ANUS of another person causing physical injury to such person: S 7. This act shall take effect on the ninetieth day after it shall have become a law.

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