Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of such correction officer's employment.
STATE OF NEW YORK
________________________________________________________________________
3517
2025-2026 Regular Sessions
IN SENATE
January 28, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- 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 establishing the crime of
forcible touching of a correction officer, and to increase criminal
penalties for certain sexual offenses committed against correction
officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 130.52-a
2 to read as follows:
3 § 130.52-a Forcible touching of a correction officer.
4 A person is guilty of forcible touching of a correction officer when
5 such person intentionally, and for no legitimate purpose, forcibly
6 touches the sexual or other intimate parts of a correction officer for
7 the purpose of degrading or abusing such officer, or for the purpose of
8 gratifying the actor's sexual desire, when such correction officer is
9 acting in the course of their employment.
10 For the purposes of this section, forcible touching includes squeez-
11 ing, grabbing or pinching.
12 Forcible touching of a correction officer is a class E felony.
13 § 2. Section 130.20 of the penal law, as amended by chapter 777 of the
14 laws of 2023, is amended to read as follows:
15 § 130.20 Sexual misconduct.
16 A person is guilty of sexual misconduct when:
17 1. [He or she] Such person engages in vaginal sexual contact with
18 another person without such other person's consent; or
19 2. [He or she] Such person engages in oral sexual contact with another
20 person without such other person's consent; or
21 3. [He or she] Such person engages in anal sexual contact with another
22 person without such other person's consent; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03634-01-5
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1 4. [He or she] Such person engages in sexual conduct with an animal or
2 a dead human body.
3 Sexual misconduct is a class A misdemeanor, provided, however, that
4 when a person is guilty of sexual misconduct against a correction offi-
5 cer when such correction officer is acting in the course of such
6 correction officer's employment, sexual misconduct is a class E felony.
7 § 3. Section 130.25 of the penal law, as amended by chapter 777 of the
8 laws of 2023, is amended to read as follows:
9 § 130.25 Rape in the third degree.
10 A person is guilty of rape in the third degree when:
11 1. [He or she] Such person engages in vaginal sexual contact with
12 another person who is incapable of consent by reason of some factor
13 other than being less than seventeen years old;
14 2. [He or she] Such person engages in oral sexual contact with another
15 person who is incapable of consent by reason of some factor other than
16 being less than seventeen years old;
17 3. [He or she] Such person engages in anal sexual contact with another
18 person who is incapable of consent by reason of some other factor other
19 than being less than seventeen years old;
20 4. Being twenty-one years old or more, [he or she] such person engages
21 in vaginal sexual contact with another person less than seventeen years
22 old;
23 5. Being twenty-one years old or more, [he or she] such person engages
24 in oral sexual contact with another person less than seventeen years
25 old;
26 6. Being twenty-one years old or more, [he or she] such person engages
27 in anal sexual contact with another person less than seventeen years
28 old;
29 7. [He or she] Such person engages in vaginal sexual contact with
30 another person without such other person's consent where such lack of
31 consent is by reason of some factor other than incapacity to consent;
32 8. [He or she] Such person engages in oral sexual contact with another
33 person without such other person's consent where such lack of consent is
34 by reason of some factor other than incapacity to consent; or
35 9. [He or she] Such person engages in anal sexual contact with another
36 person without such other person's consent where such lack of consent is
37 by reason of some factor other than the incapacity to consent.
38 Rape in the third degree is a class E felony, provided, however, that
39 when a person is guilty of rape in the third degree against a correction
40 officer when such correction officer is acting in the course of such
41 correction officer's employment, rape in the third degree is a class D
42 felony.
43 § 4. Section 130.30 of the penal law, as amended by chapter 777 of the
44 laws of 2023, is amended to read as follows:
45 § 130.30 Rape in the second degree.
46 A person is guilty of rape in the second degree when:
47 1. being eighteen years old or more, [he or she] such person engages
48 in vaginal sexual contact with another person less than fifteen years
49 old;
50 2. being eighteen years old or more, [he or she] such person engages
51 in oral sexual contact with another person less than fifteen years old;
52 3. being eighteen years old or more, [he or she] such person engages
53 in anal sexual contact with another person less than fifteen years old;
54 4. [he or she] such person engages in vaginal sexual contact with
55 another person who is incapable of consent by reason of being mentally
56 disabled or mentally incapacitated;
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1 5. [he or she] such person engages in oral sexual contact with another
2 person who is incapable of consent by reason of being mentally disabled
3 or mentally incapacitated; or
4 6. [he or she] such person engages in anal sexual contact with another
5 person who is incapable of consent by reason of being mentally disabled
6 or mentally incapacitated.
7 It shall be an affirmative defense to the crime of rape in the second
8 degree as defined in subdivisions one, two and three of this section
9 that the defendant was less than four years older than the victim at the
10 time of the act.
11 Rape in the second degree is a class D felony, provided, however, that
12 when a person is guilty of rape in the second degree against a
13 correction officer when such correction officer is acting in the course
14 of such correction officer's employment, rape in the second degree is a
15 class C felony.
16 § 5. Section 130.35 of the penal law, as amended by chapter 777 of the
17 laws of 2023, is amended to read as follows:
18 § 130.35 Rape in the first degree.
19 A person is guilty of rape in the first degree when:
20 1. [he or she] such person engages in vaginal sexual contact with
21 another person:
22 (a) By forcible compulsion; or
23 (b) Who is incapable of consent by reason of being physically help-
24 less; or
25 (c) Who is less than eleven years old; or
26 (d) Who is less than thirteen years old and the actor is eighteen
27 years old or more;
28 2. [he or she] such person engages in oral sexual contact with another
29 person:
30 (a) By forcible compulsion; or
31 (b) Who is incapable of consent by reason of being physically help-
32 less; or
33 (c) Who is less than eleven years old; or
34 (d) Who is less than thirteen years old and the actor is eighteen
35 years old or more; or
36 3. [he or she] such person engages in anal sexual contact with another
37 person:
38 (a) By forcible compulsion; or
39 (b) Who is incapable of consent by reason of being physically help-
40 less; or
41 (c) Who is less than eleven years old; or
42 (d) Who is less than thirteen years old and the actor is eighteen
43 years old or more.
44 Rape in the first degree is a class B felony, provided, however, that
45 when a person is guilty of rape in the first degree against a correction
46 officer when such correction officer is acting in the course of such
47 correction officer's employment, rape in the first degree is a class
48 A-II felony.
49 § 6. Section 130.53 of the penal law, as amended by chapter 192 of the
50 laws of 2014, is amended to read as follows:
51 § 130.53 Persistent sexual abuse.
52 A person is guilty of persistent sexual abuse when [he or she] such
53 person commits the crime of forcible touching, as defined in section
54 130.52 of this article, sexual abuse in the third degree, as defined in
55 section 130.55 of this article, or sexual abuse in the second degree, as
56 defined in section 130.60 of this article, and, within the previous ten
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1 year period, excluding any time during which such person was incarcerat-
2 ed for any reason, has been convicted two or more times, in separate
3 criminal transactions for which sentence was imposed on separate occa-
4 sions, of forcible touching, as defined in section 130.52 of this arti-
5 cle, sexual abuse in the third degree, as defined in section 130.55 of
6 this article, sexual abuse in the second degree, as defined in section
7 130.60 of this article, or any offense defined in this article, of which
8 the commission or attempted commission thereof is a felony.
9 Persistent sexual abuse is a class E felony, provided, however, that
10 when a person is guilty of persistent sexual abuse against a correction
11 officer when such correction officer is acting in the course of such
12 correction officer's employment, persistent sexual abuse is a class D
13 felony.
14 § 7. Section 130.55 of the penal law, as amended by chapter 1 of the
15 laws of 2000, is amended to read as follows:
16 § 130.55 Sexual abuse in the third degree.
17 A person is guilty of sexual abuse in the third degree when [he or
18 she] such person subjects another person to sexual contact without the
19 latter's consent; except that in any prosecution under this section, it
20 is an affirmative defense that (a) such other person's lack of consent
21 was due solely to incapacity to consent by reason of being less than
22 seventeen years old, and (b) such other person was more than fourteen
23 years old, and (c) the defendant was less than five years older than
24 such other person.
25 Sexual abuse in the third degree is a class B misdemeanor, provided,
26 however, that when a person is guilty of sexual abuse in the third
27 degree against a correction officer when such correction officer is
28 acting in the course of such correction officer's employment, sexual
29 abuse in the third degree is a class A misdemeanor.
30 § 8. Section 130.60 of the penal law, as amended by chapter 1 of the
31 laws of 2000, is amended to read as follows:
32 § 130.60 Sexual abuse in the second degree.
33 A person is guilty of sexual abuse in the second degree when [he or
34 she] such person subjects another person to sexual contact and when such
35 other person is:
36 1. Incapable of consent by reason of some factor other than being less
37 than seventeen years old; or
38 2. Less than fourteen years old.
39 Sexual abuse in the second degree is a class A misdemeanor, provided,
40 however, that when a person is guilty of sexual abuse in the second
41 degree against a correction officer when such correction officer is
42 acting in the course of such correction officer's employment, sexual
43 abuse in the second degree is a class E felony.
44 § 9. Section 130.65 of the penal law, as amended by chapter 26 of the
45 laws of 2011, is amended to read as follows:
46 § 130.65 Sexual abuse in the first degree.
47 A person is guilty of sexual abuse in the first degree when [he or
48 she] such person subjects another person to sexual contact:
49 1. By forcible compulsion; or
50 2. When the other person is incapable of consent by reason of being
51 physically helpless; or
52 3. When the other person is less than eleven years old; or
53 4. When the other person is less than thirteen years old and the actor
54 is twenty-one years old or older.
55 Sexual abuse in the first degree is a class D felony, provided, howev-
56 er, that when a person is guilty of sexual abuse in the first degree
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1 against a correction officer when such correction officer is acting in
2 the course of such correction officer's employment, sexual abuse in the
3 first degree is a class C felony.
4 § 10. Section 130.65-a of the penal law, as added by chapter 1 of the
5 laws of 2000, subdivision 1 as amended by chapter 485 of the laws of
6 2009, is amended to read as follows:
7 § 130.65-a Aggravated sexual abuse in the fourth degree.
8 1. A person is guilty of aggravated sexual abuse in the fourth degree
9 when:
10 (a) [He or she] Such person inserts a foreign object in the vagina,
11 urethra, penis, rectum or anus of another person and the other person is
12 incapable of consent by reason of some factor other than being less than
13 seventeen years old; or
14 (b) [He or she] Such person inserts a finger in the vagina, urethra,
15 penis, rectum or anus of another person causing physical injury to such
16 other person and such other person is incapable of consent by reason of
17 some factor other than being less than seventeen years old.
18 2. Conduct performed for a valid medical purpose does not violate the
19 provisions of this section.
20 Aggravated sexual abuse in the fourth degree is a class E felony,
21 provided, however, that when a person is guilty of aggravated sexual
22 abuse in the fourth degree against a correction officer when such
23 correction officer is acting in the course of such correction officer's
24 employment, aggravated sexual abuse in the fourth degree is a class D
25 felony.
26 § 11. Section 130.66 of the penal law, as added by chapter 181 of the
27 laws of 1996, subdivision 1 as amended by chapter 647 of the laws of
28 2022, subdivision 2 as amended by chapter 485 of the laws of 2009, and
29 subdivision 3 as renumbered by chapter 1 of the laws of 2000, is amended
30 to read as follows:
31 § 130.66 Aggravated sexual abuse in the third degree.
32 1. A person is guilty of aggravated sexual abuse in the third degree
33 when [he or she] such person inserts a foreign object or a finger in the
34 vagina, urethra, penis, rectum or anus of another person:
35 (a) By forcible compulsion; [or]
36 (b) When the other person is incapable of consent by reason of being
37 physically helpless;
38 (c) When the other person is less than eleven years old; or
39 (d) When the other person is less than thirteen years old and the
40 actor is eighteen years of age or older.
41 2. A person is guilty of aggravated sexual abuse in the third degree
42 when [he or she] such person inserts a foreign object in the vagina,
43 urethra, penis, rectum or anus of another person causing physical injury
44 to such other person and such other person is incapable of consent by
45 reason of being mentally disabled or mentally incapacitated.
46 3. Conduct performed for a valid medical purpose does not violate the
47 provisions of this section.
48 Aggravated sexual abuse in the third degree is a class D felony,
49 provided, however, that when a person is guilty of aggravated sexual
50 abuse in the third degree against a correction officer when such
51 correction officer is acting in the course of such correction officer's
52 employment, aggravated sexual abuse in the third degree is a class C
53 felony.
54 § 12. Section 130.67 of the penal law, as added by chapter 450 of the
55 laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
56 ter 485 of the laws of 2009, is amended to read as follows:
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1 § 130.67 Aggravated sexual abuse in the second degree.
2 1. A person is guilty of aggravated sexual abuse in the second degree
3 when [he or she] such person inserts a finger in the vagina, urethra,
4 penis, rectum or anus of another person causing physical injury to such
5 other person:
6 (a) By forcible compulsion; or
7 (b) When the other person is incapable of consent by reason of being
8 physically helpless; or
9 (c) When the other person is less than eleven years old.
10 2. Conduct performed for a valid medical purpose does not violate the
11 provisions of this section.
12 Aggravated sexual abuse in the second degree is a class C felony,
13 provided, however, that when a person is guilty of aggravated sexual
14 abuse in the second degree against a correction officer when such
15 correction officer is acting in the course of such correction officer's
16 employment, aggravated sexual abuse in the second degree is a class B
17 felony.
18 § 13. Section 130.70 of the penal law, as amended by chapter 450 of
19 the laws of 1988, the opening paragraph of subdivision 1 as amended by
20 chapter 485 of the laws of 2009, is amended to read as follows:
21 § 130.70 Aggravated sexual abuse in the first degree.
22 1. A person is guilty of aggravated sexual abuse in the first degree
23 when [he or she] such person inserts a foreign object in the vagina,
24 urethra, penis, rectum or anus of another person causing physical injury
25 to such other person:
26 (a) By forcible compulsion; or
27 (b) When the other person is incapable of consent by reason of being
28 physically helpless; or
29 (c) When the other person is less than eleven years old.
30 2. Conduct performed for a valid medical purpose does not violate the
31 provisions of this section.
32 Aggravated sexual abuse in the first degree is a class B felony,
33 provided, however, that when a person is guilty of aggravated sexual
34 abuse in the first degree against a correction officer when such
35 correction officer is acting in the course of such correction officer's
36 employment, aggravated sexual abuse in the first degree is a class A-II
37 felony.
38 § 14. Section 130.85 of the penal law, as added by chapter 618 of the
39 laws of 1997, is amended to read as follows:
40 § 130.85 Female genital mutilation.
41 1. A person is guilty of female genital mutilation when:
42 (a) a person knowingly circumcises, excises, or infibulates the whole
43 or any part of the labia majora or labia minora or clitoris of another
44 person who has not reached eighteen years of age; or
45 (b) being a parent, guardian or other person legally responsible and
46 charged with the care or custody of a child less than eighteen years
47 old, [he or she] such person knowingly consents to the circumcision,
48 excision or infibulation of whole or part of such child's labia majora
49 or labia minora or clitoris.
50 2. Such circumcision, excision, or infibulation is not a violation of
51 this section if such act is:
52 (a) necessary to the health of the person on whom it is performed, and
53 is performed by a person licensed in the place of its performance as a
54 medical practitioner; or
55 (b) performed on a person in labor or who has just given birth and is
56 performed for medical purposes connected with that labor or birth by a
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1 person licensed in the place it is performed as a medical practitioner,
2 midwife, or person in training to become such a practitioner or midwife.
3 3. For the purposes of paragraph (a) of subdivision two of this
4 section, no account shall be taken of the effect on the person on whom
5 such procedure is to be performed of any belief on the part of that or
6 any other person that such procedure is required as a matter of custom
7 or ritual.
8 Female genital mutilation is a class E felony, provided, however, that
9 when a person is guilty of female genital mutilation against a
10 correction officer when such correction officer is acting in the course
11 of such correction officer's employment, female genital mutilation is a
12 class D felony.
13 § 15. Section 130.90 of the penal law, as added by chapter 1 of the
14 laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws
15 of 2003, is amended to read as follows:
16 § 130.90 Facilitating a sex offense with a controlled substance.
17 A person is guilty of facilitating a sex offense with a controlled
18 substance when [he or she] such person:
19 1. knowingly and unlawfully possesses a controlled substance or any
20 preparation, compound, mixture or substance that requires a prescription
21 to obtain and administers such substance or preparation, compound,
22 mixture or substance that requires a prescription to obtain to another
23 person without such person's consent and with intent to commit against
24 such person conduct constituting a felony defined in this article; and
25 2. commits or attempts to commit such conduct constituting a felony
26 defined in this article.
27 Facilitating a sex offense with a controlled substance is a class D
28 felony, provided, however, that when a person is guilty of facilitating
29 a sex offense with a controlled substance against a correction officer
30 when such correction officer is acting in the course of such correction
31 officer's employment, facilitating a sex offense with a controlled
32 substance is a class C felony.
33 § 16. Section 130.95 of the penal law, as added by chapter 107 of the
34 laws of 2006, the opening paragraph and subdivision 2 as amended by
35 chapter 23 of the laws of 2024, is amended to read as follows:
36 § 130.95 Predatory sexual assault.
37 A person is guilty of predatory sexual assault when [he or she] such
38 person commits the crime of rape in the first degree, a crime formerly
39 defined in section 130.50 of this title, the crime of aggravated sexual
40 abuse in the first degree, or course of sexual conduct against a child
41 in the first degree, as defined in this article, and when:
42 1. In the course of the commission of the crime or the immediate
43 flight therefrom, [he or she] such person:
44 (a) Causes serious physical injury to the victim of such crime; or
45 (b) Uses or threatens the immediate use of a dangerous instrument; or
46 2. [He or she] Such person has engaged in conduct constituting the
47 crime of rape in the first degree, a crime formerly defined in section
48 130.50 of this title, the crime of aggravated sexual abuse in the first
49 degree, or course of sexual conduct against a child in the first degree,
50 as defined in this article, against one or more additional persons; or
51 3. [He or she] Such person has previously been subjected to a
52 conviction for a felony defined in this article, incest as defined in
53 section 255.25 of this [chapter] part or use of a child in a sexual
54 performance as defined in section 263.05 of this [chapter] part.
55 Predatory sexual assault is a class A-II felony, provided, however,
56 that when a person is guilty of predatory sexual assault against a
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1 correction officer when such correction officer is acting in the course
2 of such correction officer's employment, predatory sexual assault is a
3 class A-I felony.
4 § 17. This act shall take effect immediately.
