Adds to the crime of criminal trespass in the first degree instances of criminal trespass that include certain sex offenses.
TITLE OF BILL: An act to amend the penal law, in relation to the crime of criminal trespass in the first degree
This bill increases the penalties for people that violate criminal trespass and engage in deviate activities.
SUMMARY OF PROVISIONS:
Section 1. 140.17 of the penal law is amended by adding a new subdivision 4 to read as follows:
4. Engages is any activity that is prohibited under article one hundred thirty, two hundred forty-five, or two hundred sixty-three of this chapter.
This act to take effect immediately.
There is no current statute to cover this type of offense.
The statute currently allows for criminals to be prosecuted for trespassing but other activities that would normally be considered criminal, because of where these activities took place, cannot be prosecuted. Example: A middle aged woman was home making dinner for her son. When she turned around and walked into her dining room, she found her 40 year old neighbor masturbating. She screamed and he ran out of the house. She also ran out of the house to her other neighbor's home. That neighbor called the police and they came to arrest the individual. When she and her husband went to press charges they were told that trespass was all they could charge him with. She was unable to press any sexual assault charges because it happened inside her home. If it had happened on her front lawn the individual would have been charged with sexual assault, and lewdness or indecent exposure violations. Unfortunately that was not the case. The individual was charged with simple trespass and set free. He has since stalked her and harassed her. Unfortunately the police have been unable catch him in the act. This bill will address the problem by expanding penalties for people that violate criminal trespass and engage in deviate behavior.
None to New York State.
LOCAL FISCAL IMPLICATIONS:
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5964 2013-2014 Regular Sessions IN SENATE October 23, 2013 ___________Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to the crime of criminal trespass in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 140.17 of the penal law is amended by adding a new subdivision 4 to read as follows: 4. ENGAGES IN ANY ACTIVITY THAT IS PROHIBITED UNDER ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED FORTY-FIVE, OR TWO HUNDRED SIXTY-THREE OF THIS CHAPTER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11662-01-3