STATE OF NEW YORK
________________________________________________________________________
5531
2025-2026 Regular Sessions
IN SENATE
February 24, 2025
___________
Introduced by Sen. HELMING -- 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
aggravated forcible touching by an incarcerated individual
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 Aggravated forcible touching by an incarcerated individual.
4 1. An incarcerated individual or respondent is guilty of aggravated
5 forcible touching by an incarcerated individual when such incarcerated
6 individual intentionally and for no legitimate purpose forcibly touches
7 the sexual or other intimate parts of a person whom they know or reason-
8 ably should know to be an employee of a facility, the board of parole,
9 the office of mental health, a probation department, bureau or unit, or
10 a police officer, for the purpose of degrading or abusing such person or
11 for the purpose of gratifying the incarcerated individual's or respond-
12 ent's sexual desire.
13 2. For purposes of this section:
14 (a) "incarcerated individual" means an incarcerated individual or
15 detainee in a correctional facility, local correctional facility or a
16 hospital, as such term is defined in subdivision two of section four
17 hundred of the correction law;
18 (b) "respondent" means a juvenile in a secure facility operated and
19 maintained by the office of children and family services who is placed
20 with or committed to the office of children and family services; and
21 (c) "facility" means a correctional facility or local correctional
22 facility, hospital as such term is defined in subdivision two of section
23 four hundred of the correction law, or a secure facility operated and
24 maintained by the office of children and family services.
25 Aggravated forcible touching by an incarcerated individual is a class
26 E felony.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10047-02-5
