Establishes the crime of aggravated forcible touching by an inmate as a class E felony where an inmate forcibly touches the intimate parts of an employee of a correctional facility, the board of parole, the office of mental health, a probation department, bureau or unit, or a police officer.
STATE OF NEW YORK
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7540
2021-2022 Regular Sessions
IN SENATE
November 24, 2021
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Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to establishing the crime of
aggravated forcible touching by an inmate
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 a new section 130.52-a
2 to read as follows:
3 § 130.52-a Aggravated forcible touching by an inmate.
4 1. An inmate or respondent is guilty of aggravated forcible touching
5 by an inmate when such inmate intentionally and for no legitimate
6 purpose forcibly touches the sexual or other intimate parts of a person
7 whom he or she knows or reasonably should know to be an employee of a
8 facility, the board of parole, the office of mental health, a probation
9 department, bureau or unit, or a police officer, for the purpose of
10 degrading or abusing such person or for the purpose of gratifying the
11 inmate's or respondent's sexual desire.
12 2. For purposes of this section:
13 (a) "inmate" means an inmate or detainee in a correctional facility,
14 local correctional facility or a hospital, as such term is defined in
15 subdivision two of section four hundred of the correction law;
16 (b) "respondent" means a juvenile in a secure facility operated and
17 maintained by the office of children and family services who is placed
18 with or committed to the office of children and family services; and
19 (c) "facility" means a correctional facility or local correctional
20 facility, hospital as such term is defined in subdivision two of section
21 four hundred of the correction law, or a secure facility operated and
22 maintained by the office of children and family services.
23 Aggravated forcible touching by an inmate is a class E felony.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13767-01-1