Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation.
TITLE OF BILL: An act to amend the penal law and the correction law, in relation to aggravated sexual contact in the first degree
PURPOSE: To create the penalty of aggravated sexual contact in the third degree as a class B felony
SUMMARY OF PROVISIONS: Adds a new section 130.73 of the penal law creating aggravated sexual contact in the first degree.
EXISTING LAW: The acts covered under this new law currently only carry misdemeanor punishments, this law seeks to codify these acts in its own section of law and raise the penalty to a felony level.
JUSTIFICATION:. A recent Court of Appeals decision allowed a chronic pervert who masturbated on three subway riders off without prison time. Although the District Attorney sought felony charges, the state's highest court threw out the felony charges because there was no proof the victim felt threatened with violence, resulting in misdemeanor sex abuse charge carrying a maximum of three months.
These subway "grinders" as they are euphemistically referred to by law enforcement are sexual deviants who prey upon victims who are going about their daily commute and have no means of escape. This law seeks to raise these acts to a felony status and upon conviction under this law offenders will be required hen the NYS Sex Offender Registry.
LEGISLATIVE HISTORY: 2012 Session - New Bill - referred to Rules Committee
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2518 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________Introduced by Sens. SAVINO, KLEIN, CARLUCCI, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to aggravated sexual contact in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 130.73 to read as follows: S 130.73 AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE. A PERSON IS GUILTY OF AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE WHEN HE OR SHE TOUCHES, RUBS, OR IS IN CLOSE PHYSICAL CONTACT, CLOTHED OR UNCLOTHED, TO ANOTHER PERSON FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE BY THE ACTOR, AS WELL AS THE EMISSION OF EJACULATE BY THE ACTOR UPON ANY PART OF THE VICTIM: 1. WHEN THE OTHER PERSON IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS, POWERLESS TO MOVE OR WHILE A PASSENGER ON PUBLIC TRANSPORTATION; OR 2. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD. AGGRAVATED SEXUAL CONTACT IN THE FIRST DEGREE IS A CLASS B FELONY. S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 405 of the laws of 2008, is amended to read as follows: (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 130.45, 130.60, 130.73, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04, where the person patronized is in fact less than seven-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01282-01-3 S. 2518 2
teen years of age, 230.05 or 230.06, or subdivision two of section 230.30, or section 230.32 or 230.33 of the penal law, or S 3. This act shall take effect on the sixtieth day after it shall have become a law.