Includes instances of sexual conduct against a child less than seventeen years of age to certain sex offenses; removes the time limit to bring subsequent sexual offenses.
STATE OF NEW YORK
________________________________________________________________________
4046
2023-2024 Regular Sessions
IN SENATE
February 2, 2023
___________
Introduced by Sen. FERNANDEZ -- 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.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08358-01-3
S. 4046 2
1 § 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as
2 amended by chapter 1 of the laws of 2000, are amended to read as
3 follows:
4 [1.] A person is guilty of course of sexual conduct against a child in
5 the second degree when, over a period of time not less than three months
6 in duration:
7 [(a)] 1. he or she engages in two or more acts of sexual conduct with
8 a child, which includes at least one act of sexual conduct with the
9 child when the child is less than eleven years old; and includes at
10 least one additional act of sexual conduct with such child when the
11 child is less than seventeen years old; or
12 [(b)] 2. he or she, being eighteen years old or more, at the commence-
13 ment of the course of sexual conduct, engages in two or more acts of
14 sexual conduct with a child, which includes at least one act of sexual
15 conduct with the child when the child is less than thirteen years old;
16 and includes at least one additional act of sexual conduct with such
17 child when the child is less than seventeen years old.
18 [2. A person may not be subsequently prosecuted for any other sexual
19 offense involving the same victim unless the other charged offense
20 occurred outside the time period charged under this section.]
21 § 3. Section 130.96 of the penal law, as added by chapter 107 of the
22 laws of 2006, is amended to read as follows:
23 § 130.96 Predatory sexual assault against a child.
24 A person is guilty of predatory sexual assault against a child when,
25 being eighteen years old or more, he or she commits:
26 1. the crime of rape in the first degree, criminal sexual act in the
27 first degree, or aggravated sexual abuse in the first degree, [or course
28 of sexual conduct against a child in the first degree,] as defined in
29 this article, and the victim is less than thirteen years old[.]; or
30 2. the crime of a course of sexual conduct against a child in the
31 first degree, as defined in this article, and the person was eighteen
32 years old or more and the victim was less than thirteen years old when
33 the conduct commenced.
34 Predatory sexual assault against a child is a class A-II felony.
35 § 4. This act shall take effect immediately.
