This bill has been amended

Bill S7237-2013

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively

Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

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  • May 7, 2014: REFERRED TO CODES

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BILL NUMBER:S7237

TITLE OF BILL: An act to amend the penal law, in relation to forcible touching on public transportation

PURPOSE:

To amend the penal law to make it a crime for a person to rub his or her sexual or intimate body parts on another person while aboard public transportation.

SUMMARY OF PROVISIONS:

This bill amends § 130.52 of the Penal Law relating to Forcible Touching in the second degree, to make it a class A misdemeanor to intentionally touch or rub ones sexual or intimate body parts on another person, clothed or unclothed, for the purpose of gratifying sexual desire, or for the purpose of degrading or abusing such other person while they are a passenger on public transportation.

The bill further establishes the offense of Forcible Touching in the first degree, and make it a class E felony to intentionally touch or rub ones sexual or intimate body parts on another person, clothed or unclothed, for the purpose of gratifying sexual desire, or for the purpose of degrading or abusing such other person and emitting ejaculate upon another person while they are a passenger on public transportation.

JUSTIFICATION:

According to the Manhattan District Attorney, Darnell Hardware "entered a crowded subway train during rush hour, pressed his body against a female victim, and rubbed his penis on her. Because of the crowded subway car, the women were unable to move away from the defendant, who ejaculated on the women's bodies and clothing, and then fled.The victims were young women commuting to and from work or school." Currently, the Penal Law fails to clearly address these abhorrent acts. Darnell Hardware and others like him avoid prison because the law fails to address the seriousness of this crime.

This measure closes this loophole and recognizes that these disgusting crimes on public transportation are particularly egregious because riders are essentially captives of their attackers. No person should have to endure the sickening feeling of being masturbating against by a stranger in an enclosed space.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first day of November after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7237 IN SENATE May 7, 2014 ___________
Introduced by Sen. GOLDEN -- 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 forcible touching on public transportation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 130.52 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: S 130.52 Forcible touching IN THE SECOND DEGREE. A person is guilty of forcible touching IN THE SECOND DEGREE when such person intentionally, and for no legitimate purpose[,]: (1) forcibly touches, SQUEEZES, GRABS OR PINCHES the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire[. For the purposes of this section, forcible touching includes squeez- ing, grabbing or pinching.]; OR (2) TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS AGAINST ANY BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A PASSENGER ON A BUS, TRAIN, OR SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPA- NY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS. Forcible touching IN THE SECOND DEGREE is a class A misdemeanor. S 2. The penal law is amended by adding a new section 130.52-a to read as follows: S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE. A PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH PERSON INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS AGAINST ANY BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH OTHER PERSON AND EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON WHILE SUCH OTHER
PERSON IS A PASSENGER ON A BUS, TRAIN, OR SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS. FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY. S 3. 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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