S2518-2013 Actions

• Jan 18, 2013: REFERRED TO CODES

S2518-2013 Memo

BILL NUMBER:S2518

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.

S2518-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2518
 2013-2014 Regular Sessions
 I N  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.

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