Bill S613-2013

Establishes the offense of forcible touching against a child

Establishes the class E felony offense of forcible touching against a child who is under 13 years old.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S613

TITLE OF BILL: An act to amend the penal law, in relation to establishing the offense of forcible touching against a child

PURPOSE: This legislation establishes the crime of forcible touching of a child less than thirteen years of age as a class E felony.

SUMMARY OF PROVISIONS: Section one creates a class E felony when an individual intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of a child for the purpose of degrading or abusing such child; or for the purpose of gratifying the actor's sexual desire, and the victim is less than thirteen years old; or any part of a child for the purpose of gratifying the actor's sexual desire, and the victim is less than thirteen years old.

Section two establishes the effective date of this law as November 1 after the bill becomes law.

EXISTING LAW: New York State Penal § 130.52 addresses the crime of forcible touching, and punishes those who intentionally and for no legitimate purpose forcibly touch the sexual or other intimate parts of another for the purpose of degrading or abusing their victim or gratifying the actor's sexual desire. Violators are charged with a class A misdemeanor and face up to one year in jail.

Currently, there is no statute that specifically addresses the crime of forcible touching of a child less than thirteen years of age.

JUSTIFICATION: The proposed legislation recognizes the particularly heinous nature of sex crimes committed against children and takes an important step to protect children from sexual predators. Under this legislation, a sentence of imprisonment of up to four years would be required for offenders who engage in forcible touching, including squeezing, grabbing or pinching of child less than thirteen years of age sexual or other intimate parts.

LEGISLATIVE HISTORY: 2012: Senate Bill 35876-A (Gianaris) - Died in Senate Codes Committee 2012: Assembly Bill *8558-A (Simotas) - Died in Assembly Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1 after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 613 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GIANARIS, AVELLA, DILAN, KENNEDY, KRUEGER, PARKER, STAVISKY -- 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 establishing the offense of forcible touching against a child 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 130.51 to read as follows: S 130.51 FORCIBLE TOUCHING AGAINST A CHILD. A PERSON IS GUILTY OF FORCIBLE TOUCHING AGAINST A CHILD WHEN SUCH PERSON INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE, FORCIBLY TOUCHES: 1. THE SEXUAL OR OTHER INTIMATE PARTS OF A CHILD FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH CHILD; OR FOR THE PURPOSE OF GRATIFYING THE ACTOR'S SEXUAL DESIRE, AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD; OR 2. ANY PART OF A CHILD FOR THE PURPOSE OF GRATIFYING THE ACTOR'S SEXU- AL DESIRE, AND THE VICTIM IS LESS THAN THIRTEEN YEARS OLD. FOR THE PURPOSES OF THIS SECTION, FORCIBLE TOUCHING INCLUDES, BUT IS NOT LIMITED TO SQUEEZING, GRABBING OR PINCHING. FORCIBLE TOUCHING AGAINST A CHILD IS A CLASS E 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.

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