Establishes the crime of sexual abuse against a patient or client by a health care provider in the first and second degree; designates such crimes as being class B and E felonies, respectively.
STATE OF NEW YORK
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5555
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
sexual abuse against a patient or client by a health care provider in
the first and second degree
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 130.83 to
2 read as follows:
3 § 130.83 Sexual abuse against a patient or client by a health care
4 provider in the second degree.
5 1. A person is guilty of sexual abuse against a patient or client by
6 a health care provider in the second degree when:
7 (a) he or she is, or holds himself or herself out to be, a health care
8 provider or mental health care provider; and
9 (b) engages in sexual contact with a patient or client during the
10 course of diagnosis, counseling, or treatment; and
11 (c) consent to such sexual contact was procured by a false represen-
12 tation that such contact was for a bona fide medical purpose.
13 2. Conduct performed for a valid medical purpose does not violate the
14 provisions of this section.
15 Sexual abuse against a patient or client by a health care provider in
16 the second degree is a class E felony.
17 § 2. The penal law is amended by adding a new section 130.84 to read
18 as follows:
19 § 130.84 Sexual abuse against a patient or client by a health care
20 provider in the first degree.
21 1. A person is guilty of sexual abuse against a patient or client by a
22 health care provider in the first degree when:
23 (a) he or she is, or holds himself or herself out to be, a health care
24 provider or mental health care provider; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06260-01-1
A. 5555 2
1 (b) knowingly induces a patient or client to engage in sexual inter-
2 course, oral sexual conduct, or anal sexual conduct during the course of
3 diagnosis, counseling, or treatment; and
4 (c) consent to such sexual intercourse, oral sexual conduct, or anal
5 sexual conduct was procured by a false representation that such act was
6 for a bona fide medical purpose.
7 2. Conduct performed for a valid medical purpose does not violate the
8 provisions of this section.
9 Sexual abuse against a patient or client by a health care provider in
10 the first degree is a class B felony.
11 § 3. This act shall take effect immediately.
