Provides that sexual contact upon a person under the age of 13 by a person 21 years of age or older shall be sexual abuse in the first degree.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (1): Smith
TITLE OF BILL: An act to amend the penal law, in relation to sexual abuse of a person under the age of thirteen
PURPOSE OR GENERAL IDEA OF BILL: This bill would strengthen New York State's criminal laws that relate to adults who sexually abuse children.
SUMMARY OF SPECIFIC PROVISIONS: Section one of this bill would amend Penal Law §130.65 as amended by Chapter 1 of the Laws of 2000, by providing that a person is guilty of sexual abuse in the first degree when he or she is twenty-one years old or older and subjects another person to sexual contact who is less than thirteen years old. Section two of this bill would provide for the effective date.
JUSTIFICATION: In 2001, the New York State Legislature enacted the Sexual Assault Reform Act (SARA). Among other amendments, SARA amended Rape in the First Degree, Penal Law §130.35(4) and Criminal Sexual Act (formerly Sodomy) in the First Degree, Penal Law §130.50(4). Pursuant to SARA, it is a class B violent felony when a perpetrator over the age of eighteen has sexual intercourse or anal or oral contact with a victim under the age of thirteen.
No similar change was made at that time or later to the crime of Sexual Abuse in the First Degree, Penal Law §130.65 pursuant to which it is a class D violent felony only when the victim is under the age of eleven. Consequently, if a child who is eleven or twelve years old is subjected to sexual contact by an individual who is eighteen or older, the defendant would be guilty of only a class A misdemeanor.
This legislation would add a subdivision four to Sexual Abuse in the First Degree making it a class D violent felony offense for a child under thirteen to be subjected to sexual contact by a person who is twenty-one or older. Besides protecting these vulnerable victims, this legislation would bring the Sexual Abuse in the First Degree statute in line with Rape and Criminal Sexual Act in the First Degree. As the law stands in New York, a person who puts their hand down the pants of an eleven or twelve year old is subjected to the same penalty as a person who steals a pack of gum from a convenience store; this is unacceptable, and this measure seeks to correct that seeming inequity. Connecticut, New Jersey, Rhode Island. and Indiana provide that similar sexual contact with an individual who is eleven or twelve years old is a felony.
PRIOR LEGISLATIVE HISTORY:
2010: A.1067A - Passed Assembly/S.1989A Died in Senate 2009: A.1067 - Referred to the Assembly Codes Committee/S.1989 Held in Rules
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1882 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sens. GRIFFO, LARKIN, MAZIARZ, RANZENHOFER, RITCHIE, SEWARD, ZELDIN -- 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 sexual abuse of a person under the age of thirteen THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 130.65 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: S 130.65 Sexual abuse in the first degree. A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person is less than eleven years old; OR 4. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS TWENTY-ONE YEARS OLD OR OLDER. Sexual abuse in the first degree is a class D felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01672-01-1