A04969 Summary:

BILL NO    A04969A

SAME AS    SAME AS S03203

SPONSOR    Simotas

COSPNSR    

MLTSPNSR   

Amd SS130.52, add S130.52-a, Pen L

Relates to creating degrees of forcible touching.
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A04969 Actions:

BILL NO    A04969A

02/10/2015 referred to codes
04/30/2015 amend (t) and recommit to codes
04/30/2015 print number 4969a
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A04969 Votes:

There are no votes for this bill in this legislative session.
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A04969 Memo:

BILL NUMBER:A4969A

TITLE OF BILL:

An act to amend the penal law, in relation to forcible touching in the
first and second degree

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 S 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.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect on the first day of November after it shall
have become law.
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A04969 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4969--A

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 10, 2015
                                      ___________

       Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
         tee on Codes -- 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 in the
         first and second degree

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 130.52 of the penal law, as amended by chapter 264
    2  of the laws of 2003, is amended to read as follows:
    3  S 130.52 Forcible touching IN THE SECOND DEGREE.
    4    A person is guilty of forcible touching IN THE SECOND DEGREE when such
    5  person intentionally, and for no legitimate purpose[,]:
    6    (1) forcibly touches the sexual or other  intimate  parts  of  another
    7  person  for  the purpose of degrading or abusing such person; or for the
    8  purpose of gratifying the actor's sexual desire; OR
    9    (2) TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS,  CLOTHED
   10  OR  UNCLOTHED,  AGAINST  ANY  BODY  PART  OF  ANOTHER PERSON, CLOTHED OR
   11  UNCLOTHED, FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH  INTENT  TO
   12  DEGRADE  OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A PASSEN-
   13  GER ON A BUS, TRAIN, OR SUBWAY  CAR  OPERATED  BY  ANY  TRANSIT  AGENCY,
   14  AUTHORITY  OR  COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED
   15  BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   16    For the purposes of this section, forcible touching  includes  squeez-
   17  ing, grabbing or pinching.
   18    Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
   19    S 2. The penal law is amended by adding a new section 130.52-a to read
   20  as follows:
   21  S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
   22    A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
   23  PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND  DEGREE  AND
   24  EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON.
   25    FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
   26    S 3. This act shall take effect on the first of November next succeed-
   27  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.
                                                                  LBD07363-02-5
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