STATE OF NEW YORK
________________________________________________________________________
6932
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to 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 two new sections 130.54
2 and 130.54-a to read as follows:
3 § 130.54 Gang sexual assault in the second degree.
4 A person is guilty of gang sexual assault in the second degree when,
5 aided by two or more persons actually present, he or she:
6 1. subjects another person to sexual conduct without the consent of
7 that person; or
8 2. removes an article of clothing from another person with the intent
9 to expose the intimate body parts of such person without the consent of
10 such person.
11 Gang sexual assault in the second degree is a class A misdemeanor.
12 § 130.54-a Gang sexual assault in the first degree.
13 A person is guilty of gang sexual assault in the first degree when he
14 or she commits the crime of gang sexual assault in the second degree:
15 1. by forcible compulsion; or
16 2. and the person is incapable of consent by reason other than being
17 less than seventeen years old; or
18 3. and the person is less than fourteen years old.
19 Gang sexual assault in the first degree is a class E felony.
20 § 2. Paragraph (c) of subdivision 2 of section 130.05 of the penal
21 law, as amended by chapter 264 of the laws of 2003, is amended to read
22 as follows:
23 (c) Where the offense charged is sexual abuse, gang sexual assault in
24 the first or second degree, or forcible touching, any circumstances, in
25 addition to forcible compulsion or incapacity to consent, in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10377-01-9
A. 6932 2
1 victim does not expressly or impliedly acquiesce in the actor's conduct;
2 or
3 § 3. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
