Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses and removes the time limit to bring subsequent sexual offenses.
STATE OF NEW YORK
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7248
IN SENATE
January 14, 2020
___________
Introduced by Sen. BIAGGI -- 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 including instances of
sexual conduct against a child less than seventeen years of age to
certain sex offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
2 amended by chapter 1 of the laws of 2000, paragraphs (a) and (b) of
3 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
4 to read as follows:
5 [1.] A person is guilty of course of sexual conduct against a child in
6 the first degree when, over a period of time not less than three months
7 in duration:
8 [(a)] 1. he or she engages in two or more acts of sexual conduct,
9 which includes at least one act of sexual intercourse, oral sexual
10 conduct, anal sexual conduct or aggravated sexual contact, with a child
11 less than eleven years old; and includes at least one additional act of
12 sexual conduct with the child when that child is less than seventeen
13 years old; or
14 [(b)] 2. he or she, being eighteen years old or more, at the commence-
15 ment of the course of sexual conduct, engages in two or more acts of
16 sexual conduct, which include at least one act of sexual intercourse,
17 oral sexual conduct, anal sexual conduct or aggravated sexual contact,
18 with a child less than thirteen years old; and includes at least one
19 additional act of sexual conduct with the child when that child is less
20 than seventeen years old.
21 [2. A person may not be subsequently prosecuted for any other sexual
22 offense involving the same victim unless the other charged offense
23 occurred outside the time period charged under this section.]
24 § 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as
25 amended by chapter 1 of the laws of 2000, are amended to read as
26 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14670-01-0
S. 7248 2
1 [1.] A person is guilty of course of sexual conduct against a child in
2 the second degree when, over a period of time not less than three months
3 in duration:
4 [(a)] 1. he or she engages in two or more acts of sexual conduct with
5 a child, which includes at least one act of sexual conduct with a child
6 less than eleven years old; and includes at least one additional act of
7 sexual conduct with a child less than seventeen years old; or
8 [(b)] 2. he or she, being eighteen years old or more, at the commence-
9 ment of the course of sexual conduct, engages in two or more acts of
10 sexual conduct with a child less than thirteen years old; and includes
11 at least one additional act of sexual conduct with a child less than
12 seventeen years old.
13 [2. A person may not be subsequently prosecuted for any other sexual
14 offense involving the same victim unless the other charged offense
15 occurred outside the time period charged under this section.]
16 § 3. Section 130.96 of the penal law, as added by chapter 107 of the
17 laws of 2006, is amended to read as follows:
18 § 130.96 Predatory sexual assault against a child.
19 A person is guilty of predatory sexual assault against a child when,
20 being eighteen years old or more, he or she commits:
21 1. the crime of rape in the first degree, criminal sexual act in the
22 first degree, or aggravated sexual abuse in the first degree, [or course
23 of sexual conduct against a child in the first degree,] as defined in
24 this article, and the victim is less than thirteen years old[.]; or
25 2. the crime of a course of sexual conduct against a child in the
26 first degree, as defined in this article, and the person was eighteen
27 years old or more and the victim was less than thirteen years old when
28 the conduct commenced.
29 Predatory sexual assault against a child is a class A-II felony.
30 § 4. This act shall take effect immediately.