Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.
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:
Section one of the bill amends section 130.52 of the Penal Law relating to forcible touching in the second degree to provide that when a person intentionally touches or rubs his or her sexual or intimate body parts on another person, clothed or unclothed, for the purpose of gratifying his or her sexual desire or with the intent to degrading or abusing such other person while they are a passenger on public transportation, it is a class A misdemeanor.
Section two of the bill adds new section 130.52-a to the Penal Law to establish the offense of forcible touching in the first degree. This offense, which is a class E felony, is committed when a person commits the crime of forcible touching in the second degree and emits certain bodily fluids onto such other person.
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.
STATE OF NEW YORK ________________________________________________________________________ 7237--C 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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, CLOTHED OR UNCLOTHED, AGAINST ANY BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A PASSEN- GER 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 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10424-10-4 S. 7237--C 2
A PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND DEGREE AND EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON. 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.