S613-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S613-2013 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.

S613-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          613
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01843-01-3

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