STATE OF NEW YORK
________________________________________________________________________
842
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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Introduced by Sens. BIAGGI, GOUNARDES, SEPULVEDA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes
AN ACT to amend the penal law, in relation to modifying the offense of
"forcible touching" to "unwanted touching" and by removing certain
elements of the actor's intent
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.52 of the penal law, as amended by chapter 264
2 of the laws of 2003, the opening paragraph and subdivision 1 as amended
3 and subdivision 2 as added by chapter 250 of the laws of 2015, is
4 amended to read as follows:
5 § 130.52 [Forcible] Unwanted touching.
6 A person is guilty of [forcible] unwanted touching when such person
7 intentionally, and for no legitimate purpose:
8 1. [forcibly] touches the sexual or other intimate parts of another
9 person [for the purpose of degrading or abusing such person, or for the
10 purpose of gratifying the actor's sexual desire] without the latter's
11 consent; or
12 2. subjects another person to sexual contact [for the purpose of grat-
13 ifying the actor's sexual desire and with intent to degrade or abuse
14 such other person] without the latter's consent while such other person
15 is a passenger on a bus, train, or subway car operated by any transit
16 agency, authority or company, public or private, whose operation is
17 authorized by New York state or any of its political subdivisions.
18 For the purposes of this section, [forcible] unwanted touching
19 includes but is not limited to squeezing, grabbing, rubbing or pinching.
20 [Forcible] Unwanted touching is a class A misdemeanor.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00330-01-1
