Establishes a person is guilty of aggravated sexual assault in the third degree when he inserts a foreign object in the vagina, urethra or penis of the other person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the second degree when he inserts a finger in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older; establishes a person is guilty of aggravated sexual assault in the first degree when he inserts a foreign object in the vagina, urethra or penis of the other person causing physical injury to such person and the other person is less than thirteen years old and the actor is eighteen years old or older.
STATE OF NEW YORK
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7928
2009-2010 Regular Sessions
IN ASSEMBLY
April 28, 2009
___________
Introduced by M. of A. ABBATE, ALFANO -- Multi-Sponsored by -- M. of A.
BARRA -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the commission of aggra-
vated sexual abuse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 130.66 of the
2 penal law, as added by chapter 181 of the laws of 1996, is amended and a
3 new paragraph (d) is added to read as follows:
4 (c) When the other person is less than eleven years old[.]; or
5 (d) When the other person is less than thirteen years old and the
6 actor is eighteen years old or older.
7 § 2. Paragraph (c) of subdivision 1 of section 130.67 of the penal
8 law, as added by chapter 450 of the laws of 1988, is amended and a new
9 paragraph (d) is added to read as follows:
10 (c) When the other person is less than eleven years old[.]; or
11 (d) When the other person is less than thirteen years old and the
12 actor is eighteen years old or older.
13 § 3. Paragraph (c) of subdivision 1 of section 130.70 of the penal
14 law, as amended by chapter 450 of the laws of 1988, is amended and a new
15 paragraph (d) is added to read as follows:
16 (c) When the other person is less than eleven years old[.]; or
17 (d) When the other person is less than thirteen years old and the
18 actor is eighteen years old or older.
19 § 4. This act shall take effect on the first of November next succeed-
20 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.
LBD06511-01-9
