Raises the penalty for sexual abuse in the 2nd degree from a class A misdemeanor to a class E felony.
TITLE OF BILL: An act to amend the penal law, in relation to changing sexual abuse in the second degree from a class A misdemeanor to a class E felony
PURPOSE OR GENERAL IDEA OF BILL: To raise the penalty for sexual abuse in the second degree from a class A misdemeanor to a class E felony
SUMMARY OF SPECIFIC PROVISIONS: Section 130.60 of the Penal Law is amended to increase the penalty for this crime from a class A misdemeanor to a class E felony.
JUSTIFICATION: Under current law the crime of sexual abuse is the second degree is punishable by up to one year in prison. Victims of sexual abuse will remember and relive the horror and trauma of their attacks for the rest of their lives. Being fondled or touched in such an inappropriate manner is humiliating and degrading victims of sexual abuse in the second degree are, by definition, incapable of giving consent or they are under the age of 14 years. Sexual abuse in the first degree is a D felony, however, this statute is only applicable where there is force, where the victim is incapable of giving consent or where the victim is less than 11 years old. Thus, perpetrators who fondle or otherwise come into sexual contact with victims between the ages of 11 and 13 are only eligible for up to one year in prison. This sentence is simply inadequate to deter this conduct or punish offenders who may repeatedly engage in this crime.
PRIOR LEGISLATIVE HISTORY: S.115 of 2008 01/09/08 REFERRED TO CODES 04/30/08 PASSED SENATE S.1618 of 2011 01/10/11 REFERRED TO CODES 03/08/11 1ST REPORT CAL. 174 03/09/11 2ND REPORT CAL. 03/10/11 ADVANCED TO THIRD READING 03/31/11 PASSED SENATE 03/31/11 DELIVERED TO ASSEMBLY 03/31/11 REFERRED TO CODES 01/04/12 DIED IN ASSEMBLY 01/04/12 RETURNED TO SENATE 01/04/12 REFERRED TO CODES 01/18/12 FIRST REPORT CAL. 59 01/19/12 2ND REPORT CAL 01/23/12 ADVANCED TO THIRD READING 01/30/12 PASSED SENATE 01/30/12 DELIVERED TO ASSEMBLY 01/30/12 REFERRED TO CODES
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 655 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SAMPSON -- 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 changing sexual abuse in the second degree from a class A misdemeanor to a class E felony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Sexual abuse in the second degree is a class
[A misdemeanor]E FELONY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01798-01-3