Relates to sexual abuse in the first degree where a person is incapable of consent while a passenger on public transportation and the contact was intentional and with the sole purpose of sexual gratification; relates to public lewdness while a passenger on public transportation; establishes enhanced penalties for offenses committed while in or upon a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority; provides for the suspension or revocation of the use of a building, facility, property, vehicle or train owned, leased or operated by the metropolitan transportation authority.
STATE OF NEW YORK
________________________________________________________________________
5393
2025-2026 Regular Sessions
IN SENATE
February 21, 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 sexual abuse in the first
degree where a person is incapable of consent while a passenger on
public transportation; in relation to public lewdness while a passen-
ger on public transportation; in relation to establishing enhanced
penalties for offenses committed while in or upon a building, facili-
ty, property, vehicle or train owned, leased or operated by the metro-
politan transportation authority; and to amend the criminal procedure
law, in relation to the suspension or revocation of the use of a
facility, property, vehicle or train owned, leased or operated by the
metropolitan transportation authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.65 of the penal law is amended by adding a new
2 subdivision 2-a to read as follows:
3 2-a. Intentionally, and with the sole purpose of sexual gratification,
4 and without the consent of the other person while a passenger on public
5 transportation; or
6 § 2. Subdivision 2 of section 245.03 of the penal law, as added by
7 chapter 186 of the laws of 2014, is amended and a new subdivision 3 is
8 added to read as follows:
9 2. [he or she] such person commits the crime of public lewdness, as
10 defined in section 245.00 of this article, and within the preceding year
11 has been convicted of an offense defined in such section 245.00 or this
12 section[.]; or
13 3. such person commits the crime of public lewdness, as defined in
14 section 245.00 of this article, while a passenger on public transporta-
15 tion.
16 § 3. The penal law is amended by adding a new section 70.11 to read as
17 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07414-01-5
S. 5393 2
1 § 70.11 Sentences of imprisonment for offenses committed while in or
2 upon a building, facility, property, vehicle or train owned,
3 leased or operated by the metropolitan transportation authori-
4 ty; aggravating factors.
5 Matters occurring while in or upon a building, facility, property,
6 vehicle or train owned, leased or operated by the metropolitan transpor-
7 tation authority, shall result in the following enhancement of such
8 sentence:
9 1. For offenses committed under section 120.00 of this chapter, the
10 sentence shall reflect a class E felony;
11 2. For offenses committed under section 120.01 of this chapter, the
12 sentence shall reflect a class D felony;
13 3. For offenses committed under section 120.02 of this chapter, the
14 sentence shall reflect a class C felony;
15 4. For offenses committed under section 120.05 of this chapter, the
16 sentence shall reflect a class C felony;
17 5. For offenses committed under section 120.06 of this chapter, the
18 sentence shall reflect a class B felony;
19 6. For offenses committed under section 120.07 of this chapter, the
20 sentence shall reflect a class A felony;
21 7. For offenses committed under section 120.08 of this chapter, the
22 sentence shall reflect a class B felony;
23 8. For offenses committed under section 120.09 of this chapter, the
24 sentence shall reflect a class B felony;
25 9. For offenses committed under section 120.10 of this chapter, the
26 sentence shall reflect a class A felony;
27 10. For offenses committed under section 120.11 of this chapter, the
28 sentence shall reflect a class A felony;
29 11. For offenses committed under section 120.12 of this chapter, the
30 sentence shall reflect a class D felony;
31 12. For offenses committed under section 120.13 of this chapter, the
32 sentence shall reflect a class D felony;
33 13. For offenses committed under section 120.14 of this chapter, the
34 sentence shall reflect a class E felony;
35 14. For offenses committed under section 120.15 of this chapter, the
36 sentence shall reflect a class A misdemeanor;
37 15. For offenses committed under section 120.16 of this chapter, the
38 sentence shall reflect a class E felony;
39 16. For offenses committed under section 120.17 of this chapter, the
40 sentence shall reflect a class B misdemeanor;
41 17. For offenses committed under section 120.18 of this chapter, the
42 sentence shall reflect a class C felony;
43 18. For offenses committed under section 120.20 of this chapter, the
44 sentence shall reflect a class E felony;
45 19. For offenses committed under section 120.25 of this chapter, the
46 sentence shall reflect a class C felony;
47 20. For offenses committed under section 120.30 of this chapter, the
48 sentence shall reflect a class D felony;
49 21. For offenses committed under section 120.45 of this chapter, the
50 sentence shall reflect a class A misdemeanor;
51 22. For offenses committed under section 120.50 of this chapter, the
52 sentence shall reflect a class E felony;
53 23. For offenses committed under section 120.55 of this chapter, the
54 sentence shall reflect a class D felony;
55 24. For offenses committed under section 120.60 of this chapter, the
56 sentence shall reflect a class C felony;
S. 5393 3
1 25. For offenses committed under section 120.70 of this chapter, the
2 sentence shall reflect a class D felony;
3 26. For offenses committed under section 121.11 of this chapter, the
4 sentence shall reflect a class E felony;
5 27. For offenses committed under section 121.12 of this chapter, the
6 sentence shall reflect a class C felony;
7 28. For offenses committed under section 121.13 of this chapter, the
8 sentence shall reflect a class B felony;
9 29. For offenses committed under section 125.10 of this chapter, the
10 sentence shall reflect a class D felony;
11 29-a. For offenses committed under section 125.11 of this chapter, the
12 sentence shall reflect a class B felony;
13 30. For offenses committed under section 125.15 of this chapter, the
14 sentence shall reflect a class B felony;
15 31. For offenses committed under section 125.20 of this chapter, the
16 sentence shall reflect a class A felony;
17 32. For offenses committed under section 125.21 of this chapter, the
18 sentence shall reflect a class B felony;
19 33. For offenses committed under section 125.22 of this chapter, the
20 sentence shall reflect a class A-II felony;
21 34. For offenses committed under section 125.26 of this chapter, the
22 sentence shall reflect a class A-II felony;
23 35. For offenses committed under section 125.27 of this chapter, the
24 sentence shall reflect a class A-II felony;
25 36. For offenses committed under section 130.20 of this chapter, the
26 sentence shall reflect a class E felony;
27 37. For offenses committed under section 130.25 of this chapter, the
28 sentence shall reflect a class D felony;
29 38. For offenses committed under section 130.30 of this chapter, the
30 sentence shall reflect a class C felony;
31 39. For offenses committed under section 130.35 of this chapter, the
32 sentence shall reflect a class A felony;
33 40. For offenses committed under section 130.52 of this chapter, the
34 sentence shall reflect a class E felony;
35 41. For offenses committed under section 130.53 of this chapter, the
36 sentence shall reflect a class D felony;
37 42. For offenses committed under section 130.55 of this chapter, the
38 sentence shall reflect a class A misdemeanor;
39 43. For offenses committed under section 130.60 of this chapter, the
40 sentence shall reflect a class E felony;
41 44. For offenses committed under section 130.65 of this chapter, the
42 sentence shall reflect a class C felony;
43 45. For offenses committed under section 130.65-a of this chapter, the
44 sentence shall reflect a class D felony;
45 46. For offenses committed under section 130.66 of this chapter, the
46 sentence shall reflect a class C felony;
47 47. For offenses committed under under section 130.67 of this chapter,
48 the sentence shall reflect a class B felony;
49 48. For offenses committed under under section 130.70 of this chapter,
50 the sentence shall reflect a class A felony;
51 49. For offenses committed under under section 130.75 of this chapter,
52 the sentence shall reflect a class A felony;
53 50. For offenses committed under under section 130.80 of this chapter,
54 the sentence shall reflect a class D felony;
55 51. For offenses committed under under section 130.90 of this chapter,
56 the sentence shall reflect a class C felony;
S. 5393 4
1 52. For offenses committed under under section 135.05 of this chapter,
2 the sentence shall reflect a class E felony;
3 53. For offenses committed under section 135.10 of this chapter, the
4 sentence shall reflect a class D felony;
5 54. For offenses committed under section 135.20 of this chapter, the
6 sentence shall reflect a class A felony;
7 55. For offenses committed under section 135.45 of this chapter, the
8 sentence shall reflect a class E felony;
9 56. For offenses committed under section 135.50 of this chapter, the
10 sentence shall reflect a class D felony;
11 57. For offenses committed under section 140.05 of this chapter, the
12 sentence shall reflect a class B misdemeanor;
13 58. For offenses committed under section 140.10 of this chapter, the
14 sentence shall reflect a class A misdemeanor;
15 59. For offenses committed under subdivision one of section 140.15 of
16 this chapter, the sentence shall reflect a class E felony;
17 60. For offenses committed under section 140.17 of this chapter, the
18 sentence shall reflect a class C felony;
19 61. For offenses committed under section 140.20 of this chapter, the
20 sentence shall reflect a class C felony;
21 62. For offenses committed under section 140.25 of this chapter, the
22 sentence shall reflect a class B felony;
23 63. For offenses committed under section 140.30 of this chapter, the
24 sentence shall reflect a class A felony;
25 64. For offenses committed under section 140.35 of this chapter, the
26 sentence shall reflect a class E felony;
27 65. For offenses committed under section 140.40 of this chapter, the
28 sentence shall reflect a class A misdemeanor;
29 66. For offenses committed under section 145.05 of this chapter, the
30 sentence shall reflect a class D felony;
31 67. For offenses committed under section 145.10 of this chapter, the
32 sentence shall reflect a class C felony;
33 68. For offenses committed under section 145.12 of this chapter, the
34 sentence shall reflect a class A felony;
35 69. For offenses committed under section 145.14 of this chapter, the
36 sentence shall reflect a class A misdemeanor;
37 70. For offenses committed under section 145.15 of this chapter, the
38 sentence shall reflect a class E felony;
39 71. For offenses committed under section 145.20 of this chapter, the
40 sentence shall reflect a class D felony;
41 72. For offenses committed under section 145.30 of this chapter, the
42 sentence shall reflect a class B misdemeanor;
43 73. For offenses committed under section 145.60 of this chapter, the
44 sentence shall reflect a class E felony;
45 74. For offenses committed under section 145.70 of this chapter, the
46 sentence shall reflect a class E felony;
47 75. For offenses committed under section 150.01 of this chapter, the
48 sentence shall reflect a class E felony;
49 76. For offenses committed under section 150.05 of this chapter, the
50 sentence shall reflect a class D felony;
51 77. For offenses committed under section 150.10 of this chapter, the
52 sentence shall reflect a class B felony;
53 78. For offenses committed under section 150.15 of this chapter, the
54 sentence shall reflect a class A felony;
55 79. For offenses committed under section 150.20 of this chapter, the
56 sentence shall reflect a class A-II felony;
S. 5393 5
1 80. For offenses committed under section 160.05 of this chapter, the
2 sentence shall reflect a class C felony;
3 81. For offenses committed under section 160.10 of this chapter, the
4 sentence shall reflect a class B felony;
5 82. For offenses committed under section 160.15 of this chapter, the
6 sentence shall reflect a class A felony;
7 83. For offenses committed under section 490.10 of this chapter, the
8 sentence shall reflect a class C felony;
9 84. For offenses committed under section 490.15 of this chapter, the
10 sentence shall reflect a class B felony;
11 85. For offenses committed under section 490.20 of this chapter, the
12 sentence shall reflect a class C felony;
13 86. For offenses committed under section 490.30 of this chapter, the
14 sentence shall reflect a class B felony;
15 87. For offenses committed under section 490.35 of this chapter, the
16 sentence shall reflect a class A-II felony;
17 88. For offenses committed under section 490.37 of this chapter, the
18 sentence shall reflect a class B felony;
19 89. For offenses committed under section 490.40 of this chapter, the
20 sentence shall reflect a class A-II felony;
21 90. For offenses committed under section 490.45 of this chapter, the
22 sentence shall reflect a class A-II felony; and
23 91. For offenses committed under section 490.50 of this chapter, the
24 sentence shall reflect a class A-I felony.
25 § 4. Subdivision 3 of section 140.17 of the penal law, as added by
26 chapter 341 of the laws of 1969, is amended and a new subdivision 4 is
27 added to read as follows:
28 3. Knows that another participant in the crime possesses a firearm,
29 rifle or shotgun under circumstances described in subdivision two[.] of
30 this section; or
31 4. Was previously convicted of any provision of this article and was
32 served with notice that their privileges to utilize buildings, facili-
33 ties or transportation services owned, leased or operated by the metro-
34 politan transportation authority were suspended or revoked.
35 § 5. The criminal procedure law is amended by adding a new section
36 380.67 to read as follows:
37 § 380.67 Offense which is committed in or upon a building, facility,
38 property, vehicle or train owned, leased or operated by the
39 metropolitan transportation authority; suspension or revoca-
40 tion.
41 1. Upon conviction of any provisions specified in article 120, 121,
42 125, 130, 135, 140, 145, 150, 160, or 490 of the penal law and where
43 matter occurred while in or upon a building, facility, property, vehicle
44 or train owned, leased or operated by the metropolitan transportation
45 authority and such conviction resulted in the enhancement of such
46 sentence pursuant to section 70.11 of the penal law, the metropolitan
47 transportation authority may prevent entry and usage of its services by
48 serving notice upon the convicted person that their privileges to
49 utilize the authority's buildings, facilities or transportation services
50 are suspended or revoked.
51 2. The metropolitan transportation authority shall promulgate rules
52 and regulations for the notice required pursuant to subdivision one of
53 this section and shall provide for an administrative appeal process to
54 review its actions upon request from the person denied access.
55 § 6. This act shall take effect on the sixtieth day after it shall
56 have become a law.
