Bill S1458-2013

Relates to adding the abuse of a person less than thirteen years old by a person eighteen years old or older to the aggravated sexual abuse crimes

Establishes a person is guilty of aggravated sexual assault in the third degree when he inserts a foreign object in the vagina, urethra or penis of the other person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the second degree when he inserts a finger in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the first degree when he inserts a foreign object in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1458

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

PURPOSE: To provide that a person is guilty of the crimes of aggravated sexual abuse in the first, second or third degree when the victim is less than 13 years of age and the actor is 18 years of age or older.

SUMMARY OF PROVISIONS: Section 1 of the bill amends paragraph (c) of Subdivision 1 of section 130.66 of the Penal Law by adding a new provision to aggravated sexual abuse in the third degree. Under the new provision, a person is guilty of the crime when he inserts a foreign object in the vagina, urethra, penis, or rectum of another person who is less than thirteen years old and the actor is eighteen years old or older.

Section 2 of the bill amends paragraph (c) of subdivision 1 of section 130.67 by adding a new provision to aggravated sexual abuse in the second degree to provide that a person is guilty of the crime when he inserts a finger in the vagina, urethra, penis, or rectum of a person who is less than thirteen years old and causes physical injury to that person and the actor is eighteen years old or older.

Section 3 of the bill amends paragraph (c) of subdivision 1 of section 130.70 by adding a new provision to aggravated sexual abuse in the first degree to provide that a person is guilty of the crime when he inserts a foreign object in the vagina, urethra, penis, or rectum of another person who is less than thirteen years old and causes injury to that person and the actor is eighteen years old or older.

EXISTING LAW: Under the current law, a defendant may be found guilty of these offenses if the crime was committed by forcible compulsion, or the victim was physically helpless or the victim was under the age of 11 years.

JUSTIFICATION: Prior to the enactment of the Sexual Assault Reform Act of 2000 (SARA), a person was guilty of the strict liability provisions of rape or sodomy in the first degree when he or she engaged in sexual intercourse or anal or oral sexual intercourse with a person who was less than eleven. In amending those provisions so that a person over the age of eighteen would be guilty of those crimes when the victim was less than thirteen, SARA served to better protect more children from acts of sexual violence by bringing eleven and twelve year olds under its provisions. However, SARA did not make a similar change in the age threshold for the crimes of aggravated sexual assault in the first, second and third degree. This bill would correct the oversight in SARA by amending the provisions of aggravated sexual abuse in the first, second and third degrees, to increase the victim age threshold for these strict liability crimes from less than eleven to less than thirteen years old.

LEGISLATIVE HISTORY: 2003: Passed Senate 2004: Passed Senate/Assembly Codes Committee 2005-06: S.3841 Passed Senate/A.6912 Assembly Codes Cmte. 2007-08: S.3841 Passed Senate/A.6912 Assembly Codes Cmte. 2009-10: S.3238 Codes Cmte./A.7928 Codes Cmte. 2011-12: S.3207 Passed Senate/Assembly Codes

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1458 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FLANAGAN, GOLDEN, LARKIN, MARTINS -- 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 the commission of aggra- vated sexual abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1 of section 130.66 of the penal law, as amended by chapter 485 of the laws of 2009, is amended and a new paragraph (d) is added to read as follows: (c) When the other person is less than eleven years old[.]; OR (D) WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS OLD OR OLDER. S 2. Paragraph (c) of subdivision 1 of section 130.67 of the penal law, as added by chapter 450 of the laws of 1988, is amended and a new paragraph (d) is added to read as follows: (c) When the other person is less than eleven years old[.]; OR (D) WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS OLD OR OLDER. S 3. Paragraph (c) of subdivision 1 of section 130.70 of the penal law, as amended by chapter 450 of the laws of 1988, is amended and a new paragraph (d) is added to read as follows: (c) When the other person is less than eleven years old[.]; OR (D) WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS OLD OR OLDER. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus