Add S130.54, amd S130.05, Pen L; amd S168-a, Cor L
Creates the class E felony of gang sexual assault, involving touching or removal of clothing with the aid of two or more people without the consent of the person; includes such felony and the class A misdemeanor of forcible touching within the definition of "sex offense" for the purposes of the sex offender registration act.
STATE OF NEW YORK
________________________________________________________________________
752
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, ALFANO, ERRIGO, BARRA, SALADINO, WALK-
ER -- Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, BURLING,
CALHOUN, CONTE, CROUCH, FINCH, FITZPATRICK, GIGLIO, KOLB, MILLER,
O'MARA, QUINN, RAIA, SAYWARD, SCOZZAFAVA, TEDISCO, THIELE, TOWNSEND --
read once and referred to the Committee on Codes
AN ACT to amend the penal law and the correction law, in relation to the
new crime of gang sexual assault
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 130.54 to
2 read as follows:
3 § 130.54 Gang sexual assault.
4 A person is guilty of gang sexual assault when:
5 1. Aided by two or more persons actually present, he or she subjects
6 another person to sexual contact without the consent of the other
7 person; or
8 2. With intent to expose the intimate parts of the body of another
9 person, and when aided by two or more other persons actually present, he
10 or she removes or attempts to remove an article of clothing from such
11 person without the consent of such person.
12 Gang sexual assault is a class E felony.
13 § 2. Paragraph (c) of subdivision 2 of section 130.05 of the penal
14 law, as amended by chapter 264 of the laws of 2003, is amended to read
15 as follows:
16 (c) Where the offense charged is sexual abuse [or], forcible touching,
17 or gang sexual assault, any circumstances, in addition to forcible
18 compulsion or incapacity to consent, in which the victim does not
19 expressly or impliedly acquiesce in the actor's conduct; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01469-01-9
A. 752 2
1 § 3. Subparagraph (i) of paragraph (a) of subdivision 2 of section
2 168-a of the correction law, as amended by chapter 405 of the laws of
3 2008, is amended to read as follows:
4 (i) a conviction of or a conviction for an attempt to commit any of
5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
6 130.45, 130.52, 130.54, 130.60, 230.34, 250.50, 255.25, 255.26 and
7 255.27 or article two hundred sixty-three of the penal law, or section
8 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping
9 offenses, provided the victim of such kidnapping or related offense is
10 less than seventeen years old and the offender is not the parent of the
11 victim, or section 230.04, where the person patronized is in fact less
12 than seventeen years of age, 230.05 or 230.06, or subdivision two of
13 section 230.30, or section 230.32 or 230.33 of the penal law, or
14 § 4. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
