NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7865
SPONSOR: Simon TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
sexual harassment
PURPOSE:
To strengthen protections for victims of sexually-motivated physical
violence.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 240.33 to the penal law to provide that a
person is guilty of the class A misdemeanor of sexual harassment if, for
the purpose of sexual arousal or gratification, and without consent,
they slap, strike, shove or kick another person, or subject another
person to physical contact or attempts or threatens physical contact.
Section 2 sets the effective date.
JUSTIFICATION:
The recent investigation of abuse allegations against former Attorney
General Eric Schneiderman highlighted deficits in our laws that preclude
criminal charges in many cases of non-consensual, sexually-motivated
violence. It is critical that the legislature acts to fix these short-
comings in order to remove barriers to justice for victims and prevent
future perpetrators from evading consequences. Under current state law,
the act of slapping, striking, or kicking an individual without their
consent can only be charged if the perpetrator's intent was to "alarm,
harass, or annoy" or there is sufficient proof that the victim suffered
a physical injury.
Establishing a new misdemeanor offense for acts of violence committed
for the purpose of sexual arousal or gratification will provide prosecu-
tors with an important new tool to hold domestic abusers accountable for
their conduct. This legislation is a crucial step towards ensuring our
laws protect all victims of intimate partner violence and recognize the
lasting harm these acts of abuse cause.
LEGISLATIVE HISTORY:
2021-2022: A2200 (Niou) -referred to codes
2019-2020: A7382A(Niou) S2874A(Biaggi) - referred to codes / advanced to
third reading
FISCAL IMPLICATIONS:
none
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.
