STATE OF NEW YORK
________________________________________________________________________
1650
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to removing the requirement
that physical injury be caused under the crimes of aggravated sexual
abuse in the third and fourth degrees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 130.65-a of the
2 penal law, as amended by chapter 485 of the laws of 2009, is amended to
3 read as follows:
4 (b) [He or she] Such person inserts a finger in the vagina, urethra,
5 penis, rectum or anus of another person [causing physical injury to such
6 person] and such person is incapable of consent by reason of some factor
7 other than being less than seventeen years old.
8 § 2. Subdivision 2 of section 130.66 of the penal law, as amended by
9 chapter 485 of the laws of 2009, is amended to read as follows:
10 2. A person is guilty of aggravated sexual abuse in the third degree
11 when [he or she] such person inserts a foreign object in the vagina,
12 urethra, penis, rectum or anus of another person [causing physical inju-
13 ry to such person] and such person is incapable of consent by reason of
14 being mentally disabled or mentally incapacitated.
15 § 3. This act shall take effect on the ninetieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04071-01-5
