S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2570
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to including in the crimes of
   course  of  sexual  conduct  against  a  child in the first and second
   degree, additional sexual acts against a child committed prior to  the
   child's seventeenth birthday

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended by chapter 1 of the laws of 2000 and paragraphs (a) and  (b)  of
 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
 to read as follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the first degree when[, over a period of time not less than three months
 in duration]:
   [(a)  he] 1. HE or she engages in two or more acts of sexual conduct[,
 which] WITH A CHILD UNDER SEVENTEEN YEARS OLD, AND  (I)  THE  COURSE  OF
 SEXUAL  CONDUCT  includes  at  least one act of sexual intercourse, oral
 sexual conduct, anal sexual conduct, or aggravated sexual contact[, with
 a child] OCCURRING WHEN SUCH CHILD IS less than eleven years  old;  [or]
 AND  (II)  THE COURSE OF SEXUAL CONDUCT INCLUDES AT LEAST ONE ADDITIONAL
 ACT OF SEXUAL CONDUCT OCCURRING WHEN SUCH  CHILD  IS  LESS  THAN  ELEVEN
 YEARS  OLD;  AND  (III)  THE  TIME BETWEEN ANY TWO OF THE ACTS OF SEXUAL
 CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN ELEVEN YEARS OLD IS NINE-
 TY DAYS OR GREATER; OR
   [(b) he] 2. HE or she,  being  eighteen  years  old  or  more  AT  THE
 COMMENCEMENT  OF  THE  COURSE  OF SEXUAL CONDUCT, engages in two or more
 acts of sexual conduct[, which include] WITH  A  CHILD  UNDER  SEVENTEEN
 YEARS  OLD,  AND  (I) THE COURSE OF SEXUAL CONDUCT INCLUDES at least one
 act of sexual intercourse, oral sexual conduct, anal sexual conduct,  or
 aggravated  sexual  contact[,  with a] OCCURRING WHEN SUCH child IS less
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06157-01-7

 A. 2570                             2
 
 than thirteen years old; AND (II) THE COURSE OF SEXUAL CONDUCT  INCLUDES
 AT  LEAST  ONE ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD OCCURRING
 WHEN SUCH CHILD IS LESS THAN THIRTEEN YEARS  OLD;  AND  (III)  THE  TIME
 BETWEEN  ANY TWO OF THE ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD
 IS UNDER THIRTEEN YEARS OLD IS NINETY DAYS OR GREATER.
   [2.] 3. A person may not be  subsequently  prosecuted  for  any  other
 sexual  offense  involving  the  same  victim  unless  the other charged
 offense occurred outside the time period charged under this section.
   § 2. Subdivisions 1 and 2 of section  130.80  of  the  penal  law,  as
 amended  by  chapter  1  of  the  laws  of  2000, are amended to read as
 follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the second degree when[, over a period  of  time  not  less  than  three
 months in duration]:
   [(a)  he]  1.  HE or she engages in two or more acts of sexual conduct
 with a child UNDER SEVENTEEN YEARS OLD, AND (I)  THE  COURSE  OF  SEXUAL
 CONDUCT INCLUDES AT LEAST TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH
 CHILD  IS  less than eleven years old; AND (II) THE TIME BETWEEN ANY TWO
 OF THE ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH  CHILD  IS  LESS  THAN
 ELEVEN YEARS OLD IS NINETY DAYS OR GREATER; or
   [(b)  he]  2.  HE  or  she,  being  eighteen  years old or more AT THE
 COMMENCEMENT OF THE COURSE OF SEXUAL CONDUCT, engages  in  two  or  more
 acts  of  sexual  conduct  with  a  child less than [thirteen years old]
 SEVENTEEN YEARS OLD, AND (I) THE COURSE OF SEXUAL  CONDUCT  INCLUDES  AT
 LEAST  TWO ACTS OF SEXUAL CONDUCT OCCURRING WHEN SUCH CHILD IS LESS THAN
 THIRTEEN YEARS OLD; AND (II) THE TIME BETWEEN ANY TWO OF THE ACTS OCCUR-
 RING WHEN SUCH CHILD IS LESS THAN THIRTEEN YEARS OLD IS NINETY  DAYS  OR
 GREATER.
   [2.]  3.  A  person  may  not be subsequently prosecuted for any other
 sexual offense involving  the  same  victim  unless  the  other  charged
 offense occurred outside the time period charged under this section.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.