Bill S1618-2011

Provides that sexual abuse in the 2nd degree is a class E felony

Raises the penalty for sexual abuse in the 2nd degree from a class A misdemeanor to a class E felony.

Details

Actions

  • Jan 30, 2012: referred to codes
  • Jan 30, 2012: DELIVERED TO ASSEMBLY
  • Jan 30, 2012: PASSED SENATE
  • Jan 23, 2012: ADVANCED TO THIRD READING
  • Jan 19, 2012: 2ND REPORT CAL.
  • Jan 18, 2012: 1ST REPORT CAL.59
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 31, 2011: referred to codes
  • Mar 31, 2011: DELIVERED TO ASSEMBLY
  • Mar 31, 2011: PASSED SENATE
  • Mar 10, 2011: ADVANCED TO THIRD READING
  • Mar 9, 2011: 2ND REPORT CAL.
  • Mar 8, 2011: 1ST REPORT CAL.174
  • Jan 10, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 8, 2011
Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat
VOTE: COMMITTEE VOTE: - Codes - Jan 18, 2012
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

Memo

BILL NUMBER:S1618

TITLE OF BILL: An act to amend the penal law, in relation to changing sexual abuse in the second degree from a class A misdemeanor to a class E felony

PURPOSE OR GENERAL IDEA OF BILL: To raise the penalty for sexual abuse in the second degree from a class A misdemeanor to a class E felony.

SUMMARY OF SPECIFIC PROVISIONS: Section 130.60 of the Penal Law is amended to increase the penalty for this crime from a class A misdemeanor to a class E felony.

JUSTIFICATION: Under current law the crime of sexual abuse in the second degree is punishable by up to one year in prison. Victims of sexual abuse will remember and relive the horror and trauma of their attacks for the rest of their lives. Being fondled or touched in such an inappropriate manner is humiliating and degrading. Victims of sexual abuse in the second degree are, by definition, incapable of giving consent or they are under the age of 14 years. Sexual abuse in the first degree is a D felony, however, this statute is only applicable where there is force, where the victim is incapable of giving consent or where the victim is less than 11 years old. Thus, perpetrators who fondle or otherwise come into sexual contact with victims between the ages of 11 and 13 are only eligible for up to one year in prison. This sentence is simply inadequate to deter this conduct or punish offenders who may repeatedly engage in this crime.

PRIOR LEGISLATIVE HISTORY: S.115 of 2008 01/09/08 REFERRED TO CODES 04/30/08 PASSED SENATE S.62 of 2009 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1618 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SAMPSON -- 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 changing sexual abuse in the second degree from a class A misdemeanor to a class E felony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Sexual abuse in the second degree is a class [A misdemeanor] E FELONY. S 2. This act shall take effect immediately.

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