STATE OF NEW YORK
________________________________________________________________________
3713
2019-2020 Regular Sessions
IN ASSEMBLY
January 30, 2019
___________
Introduced by M. of A. GUNTHER, ZEBROWSKI, OTIS, MONTESANO -- Multi-
Sponsored by -- M. of A. CROUCH, McDONOUGH, RIVERA -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including individuals with
a mental defect as a victim under sexual abuse in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 130.65 of the penal law, as
2 amended by chapter 26 of the laws of 2011, is amended and a new subdivi-
3 sion 5 is added to read as follows:
4 4. When the other person is less than thirteen years old and the actor
5 is twenty-one years old or older[.]; or
6 5. When the other person has a mental disease or defect.
7 § 2. This act shall take effect on the first of November next succeed-
8 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01105-01-9
