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A09938 Summary:

A09938 Actions:

A09938 Floor Votes:

A09938 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9938--A
                                                                Cal. No. 716
 
                   IN ASSEMBLY
 
                                    February 17, 2010
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, TITUS, JOHN, TITONE, ZEBROWSKI, GALEF,
          GABRYSZAK,  JAFFEE,  KOON,  LANCMAN,  MAISEL,  P. RIVERA,   DenDEKKER,
          GUNTHER, CASTRO, ESPAILLAT, GIBSON, PERRY, N. RIVERA, SKARTADOS, SPANO
          -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CHRISTENSEN, COOK,

          CRESPO,  DESTITO,  DINOWITZ,  GLICK,  GORDON, GOTTFRIED, HYER-SPENCER,
          LENTOL, MARKEY, M. MILLER, PHEFFER, REILLY, STIRPE,  SWEENEY  --  read
          once  and  referred to the Committee on Codes -- reported from commit-
          tee, advanced to a  third  reading,  amended  and  ordered  reprinted,
          retaining its place on the order of third reading
 
        AN  ACT  to amend the penal law, in relation to expanding the definition
          of sexual contact in regard  to  sex  offenses  and  making  technical
          corrections to such provisions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of  section  130.00  of  the  penal  law,  as
     2  amended  by  chapter  650  of  the  laws  of 1984, is amended to read as
     3  follows:
     4    3. "Sexual contact" means any touching of the sexual or other intimate

     5  parts of a person [not married to the actor] for the purpose of gratify-
     6  ing sexual desire of either party. It includes the touching of the actor
     7  by the victim, as well as the touching  of  the  victim  by  the  actor,
     8  whether  directly or through clothing, as well as the emission of ejacu-
     9  late by the actor upon any part of the victim, clothed or unclothed.
    10    § 2. Subdivision 2 of section 260.31 of the penal  law,  as  added  by
    11  chapter  381 of the laws of 1998 and such section as renumbered by chap-
    12  ter 14 of the laws of 2010, is amended to read as follows:
    13    2. "Sexual contact" means any touching of the sexual or other intimate
    14  parts of a person [not married to the actor] for the purpose of gratify-
    15  ing sexual desire of either party. It includes the touching of the actor

    16  by the victim, as well as the touching  of  the  victim  by  the  actor,
    17  whether  directly or through clothing, as well as the emission of ejacu-
    18  late by the actor upon any part of the victim, clothed or unclothed.
    19    § 3. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15465-03-0