Establishes offenses of sexual assault against a child by a person in a position of trust for the subjection of a child to sexual contact by a person in a position of trust; defines "person in position of trust" as a person charged with the duty or responsibility for health, education, welfare or supervision of a child; such offenses shall be violent felony offenses.
STATE OF NEW YORK
________________________________________________________________________
1481
2009-2010 Regular Sessions
IN SENATE
February 2, 2009
___________
Introduced by Sens. SKELOS, ALESI, BONACIC, DeFRANCISCO, FARLEY,
FUSCHILLO, GOLDEN, GRIFFO, HANNON, LANZA, LAVALLE, LEIBELL, LITTLE,
MARCELLINO, MAZIARZ, MORAHAN, SALAND, SEWARD, VOLKER, WINNER -- 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 sexual assault against a
child by a person in a position of trust
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
2 the penal law, paragraph (b) as separately amended by chapters 764 and
3 765 of the laws of 2005 and paragraph (d) as amended by chapter 7 of the
4 laws of 2007, are amended to read as follows:
5 (b) Class C violent felony offenses: an attempt to commit any of the
6 class B felonies set forth in paragraph (a); aggravated criminally
7 negligent homicide as defined in section 125.11, aggravated manslaughter
8 in the second degree as defined in section 125.21, aggravated sexual
9 abuse in the second degree as defined in section 130.67, sexual assault
10 against a child by a person in a position of trust in the first degree
11 as defined in section 130.97, assault on a peace officer, police offi-
12 cer, fireman or emergency medical services professional as defined in
13 section 120.08, gang assault in the second degree as defined in section
14 120.06, burglary in the second degree as defined in section 140.25,
15 robbery in the second degree as defined in section 160.10, criminal
16 possession of a weapon in the second degree as defined in section
17 265.03, criminal use of a firearm in the second degree as defined in
18 section 265.08, criminal sale of a firearm in the second degree as
19 defined in section 265.12, criminal sale of a firearm with the aid of a
20 minor as defined in section 265.14, soliciting or providing support for
21 an act of terrorism in the first degree as defined in section 490.15,
22 hindering prosecution of terrorism in the second degree as defined in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02253-02-9
S. 1481 2
1 section 490.30, and criminal possession of a chemical weapon or biolog-
2 ical weapon in the third degree as defined in section 490.37.
3 (d) Class E violent felony offenses: an attempt to commit any of the
4 felonies of criminal possession of a weapon in the third degree as
5 defined in subdivision five, six, seven or eight of section 265.02 as a
6 lesser included offense of that section as defined in section 220.20 of
7 the criminal procedure law, persistent sexual abuse as defined in
8 section 130.53, aggravated sexual abuse in the fourth degree as defined
9 in section 130.65-a, falsely reporting an incident in the second degree
10 as defined in section 240.55 [and], placing a false bomb or hazardous
11 substance in the second degree as defined in section 240.61, and sexual
12 assault against a child by a person in a position of trust in the second
13 degree as defined in section 130.98.
14 § 2. Section 130.00 of the penal law is amended by adding a new subdi-
15 vision 14 to read as follows:
16 14. "Person in a position of trust" means any person who is charged
17 with any duty or responsibility for the health, education, welfare or
18 supervision of a child, either independently or through another person,
19 no matter how brief.
20 § 3. The penal law is amended by adding three new sections 130.97,
21 130.98 and 130.99 to read as follows:
22 § 130.97 Sexual assault against a child by a person in a position of
23 trust in the first degree.
24 A person is guilty of sexual assault against a child by a person in a
25 position of trust in the first degree when he or she subjects a child
26 less than eleven years old to sexual contact and when such person is a
27 person in a position of trust with respect to such child.
28 Sexual assault against a child by a person in a position of trust in
29 the first degree is a class C felony.
30 § 130.98 Sexual assault against a child by a person in a position of
31 trust in the second degree.
32 A person is guilty of sexual assault against a child by a person in a
33 position of trust in the second degree when he or she subjects a child
34 less than fourteen years old to sexual contact and when such person is a
35 person in a position of trust with respect to such child.
36 Sexual assault against a child by a person in a position of trust in
37 the second degree is a class E felony.
38 § 130.99 Sexual assault against a child by a person in a position of
39 trust in the third degree.
40 A person is guilty of sexual assault against a child by a person in a
41 position of trust in the third degree when he or she subjects a child
42 less than eighteen years old to sexual contact and when such person is a
43 person in a position of trust with respect to such child.
44 Sexual assault against a child by a person in a position of trust in
45 the third degree is a class A misdemeanor.
46 § 4. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.
