Bill S2289-2013

Relates to the offenses of sexual abuse and aggravated sexual abuse

Expands the definitions of sexual contact, foreign object and aggravated sexual contact and further broadens the crimes of sexual abuse in the second degree and all degrees of aggravated sexual abuse to include the act of forced touching.

Details

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Actions

  • Jan 23, 2014: RECOMMIT, ENACTING CLAUSE STRICKEN
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 15, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2289

TITLE OF BILL: An act to amend the penal law, in relation to expanding the definition of sex offenses and making technical corrections to such provisions

PURPOSE: To expand the crimes of "sexual abuse' and "aggravated sexual abuse" and the definition of "sexual contact" to include the act of causing another person to touch him or herself with or without a foreign object. To add to the definition of "sexual contact" the emitting of urine or feces onto the victim.

SUMMARY OF PROVISIONS: Section one amends subdivision 3 of section 130.00 of the penal law, as amended by chapter 193 of the laws of 2010, by expanding the definition of "sexual contact" to include "the touching of the victim by himself or herself at the direction of the actor." The definition of "sexual contact" is further expanded to include the emission of urine or feces by a person upon any part of a victim, clothed or unclothed.

Section two amends section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, by adding that, in addition to the elements which now constitute the crime of sexual abuse in the second degree, it shall be considered sexual abuse in the second degree when the sexual contact constitutes the emission of ejaculate, urine or feces by the actor upon any part of the victim, clothed or unclothed, without the consent of the victim.

Section three amends section 130.65-a of the penal law, as added by chapter 1 of the laws of 2000 and subdivision I as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.

Section four amends section 130.66 of the penal law, as added by chapter 181 of the laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws of 2009 and subdivision 3 as renumbered by chapter 1 of the laws of 2000, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.

Section five amends subdivision 1 of section 130.67 of the penal law, as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.

Section six amends subdivision 1 of section 130.70 of the penal law, as amended by chapter 485 of the laws of 2009, by adding that it shall be a crime when a person causes a foreign object to be inserted in certain specified areas of the body.

Section seven amends subdivision 2 of section 260.31 of the penal law, as amended by chapter 193 of the laws of 2010, by expanding the definition of "sexual contact" to include "the touching of the victim by himself or herself at the direction of the actor." The definition of "sexual contact" is further expanded to include the emission of

urine or feces by a person upon any part of a victim, clothed or unclothed.

Section eight provides the effective date.

JUSTIFICATION: The definition of "sexual contact" found in section 130.00 of the penal law only covers contact from the victim to the actor or from the actor to the victim; however, it lacks any reference to a victim touching himself or herself at the actor's direction. Currently, prosecutors may charge coercion for this type of offense, but this charge fails to capture the violent and deviant nature of the crime, and it does not subject the offender to the Sex Offender Registration Act.

By amending the definition of sexual contact, defendants who force victims to masturbate could be charged with sexual abuse in the first degree, and engaging a minor in such behavior would be covered by the age provisions of sexual abuse in the first, second, and third degrees.

The definition of "sexual contact" requires an additional amendment. Changing the definition of sexual contact to include urinating or defecating on others for the purpose of sexual gratification would allow offenders to be charged under the sexual abuse laws.

LEGISLATIVE HISTORY: Similar to A.3641. 2009 and 2010 referred to codes. A.11272, 2008 referred to codes committee. Same as S.7948 (Saland), 2008 passed senate.

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 2289 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sen. BALL -- 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 expanding the definition of sex offenses and making technical corrections to such provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 130.00 of the penal law, as amended by chapter 193 of the laws of 2010, is amended to read as follows: 3. "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor AND THE TOUCHING OF THE VICTIM BY HIMSELF OR HERSELF AT THE DIRECTION OF THE ACTOR, whether directly or through clothing, as well as the emission of ejaculate, URINE OR FECES by the actor upon any part of the victim, clothed or unclothed. S 2. Section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: S 130.60 Sexual abuse in the second degree. A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and [when such other person is]: 1. WHEN SUCH OTHER PERSON IS: (A) Incapable of consent by reason of some factor other than being less than seventeen years old; or [2.] (B) Less than fourteen years old; OR 2. WHEN THE SEXUAL CONTACT CONSTITUTES THE EMISSION OF EJACULATE, URINE OR FECES BY THE ACTOR UPON ANY PART OF THE VICTIM, CLOTHED OR UNCLOTHED, AND SUCH CONTACT OCCURS WITHOUT THE CONSENT OF THE VICTIM. Sexual abuse in the second degree is a class A misdemeanor.
S 3. Section 130.65-a of the penal law, as added by chapter 1 of the laws of 2000 and subdivision 1 as amended by chapter 485 of the laws of 2009, is amended to read as follows: S 130.65-a Aggravated sexual abuse in the fourth degree. 1. A person is guilty of aggravated sexual abuse in the fourth degree when: (a) He or she inserts, OR CAUSES TO BE INSERTED, a foreign object in the vagina, urethra, penis, 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, OR CAUSES TO BE INSERTED, a finger in the vagi- na, urethra, penis, 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. 2. Conduct performed for a valid medical purpose does not violate the provisions of this section. Aggravated sexual abuse in the fourth degree is a class E felony. S 4. Section 130.66 of the penal law, as added by chapter 181 of the laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws of 2009 and subdivision 3 as renumbered by chapter 1 of the laws of 2000, is amended to read as follows: S 130.66 Aggravated sexual abuse in the third degree. 1. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts, OR CAUSES TO BE INSERTED, a foreign object in the vagina, urethra, penis, 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, OR CAUSES TO BE INSERTED, a foreign object in the vagina, urethra, penis, 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. 3. Conduct performed for a valid medical purpose does not violate the provisions of this section. Aggravated sexual abuse in the third degree is a class D felony. S 5. The opening paragraph of subdivision 1 of section 130.67 of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows: A person is guilty of aggravated sexual abuse in the second degree when he or she inserts, OR CAUSES TO BE INSERTED, a finger in the vagi- na, urethra, penis, rectum or anus of another person causing physical injury to such person: S 6. The opening paragraph of subdivision 1 of section 130.70 of the penal law, as amended by chapter 485 of the laws of 2009, is amended to read as follows: A person is guilty of aggravated sexual abuse in the first degree when he or she inserts, OR CAUSES TO BE INSERTED, a foreign object in the vagina, urethra, penis, rectum or anus of another person causing phys- ical injury to such person: S 7. Subdivision 2 of section 260.31 of the penal law, as amended by chapter 193 of the laws of 2010, is amended to read as follows: 2. "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, AND THE
TOUCHING OF THE VICTIM BY HIMSELF OR HERSELF AT THE DIRECTION OF THE ACTOR, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate, URINE OR FECES by the actor upon any part of the victim, clothed or unclothed. S 8. This act shall take effect on the ninetieth day after it shall have become a law.

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