Repeals provisions relating to aggravated sexual abuse in the fourth degree; expands the definition of aggravated sexual abuse in the third degree to include intentional touching, for no legitimate purpose, of certain sexual or other intimate parts of a person under the age of thirteen for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire.
STATE OF NEW YORK
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8898
IN SENATE
April 27, 2022
___________
Introduced by Sen. STAVISKY -- 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 aggravated sexual abuse
against children under age thirteen; and to repeal section 130.65-a of
the penal law relating to aggravated sexual abuse in the fourth degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.65-a of the penal law is REPEALED.
2 § 2. Section 130.66 of the penal law, as added by chapter 181 of the
3 laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws
4 of 2009, and subdivision 3 as renumbered by chapter 1 of the laws of
5 2000, is amended to read as follows:
6 § 130.66 Aggravated sexual abuse in the third degree.
7 [1. A person is guilty of aggravated sexual abuse in the third degree
8 when he or she inserts a foreign object in the vagina, urethra, penis,
9 rectum or anus of another person:
10 (a) By forcible compulsion; or
11 (b) When the other person is incapable of consent by reason of being
12 physically helpless; or
13 (c) When the other person is less than eleven years old.
14 2. A person is guilty of aggravated sexual abuse in the third degree
15 when he or she inserts a foreign object in the vagina, urethra, penis,
16 rectum or anus of another person causing physical injury to such person
17 and such person is incapable of consent by reason of being mentally
18 disabled or mentally incapacitated.
19 3. Conduct performed for a valid medical purpose does not violate the
20 provisions of this section] A person is guilty of aggravated sexual
21 abuse in the third degree when such person intentionally, and for no
22 legitimate purpose, touches the vagina, vulva, penis, rectum, or anus of
23 another person using a finger, hand, or foreign object for the purpose
24 of degrading or abusing such person, or for the purpose of gratifying
25 the actor's sexual desire, when such other person is under the age of
26 thirteen.
27 Aggravated sexual abuse in the third degree is a class [D] E felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15151-01-2
S. 8898 2
1 § 3. Subdivision 1 and the closing paragraph of section 130.67 of the
2 penal law, as added by chapter 450 of the laws of 1988, the opening
3 paragraph of subdivision 1 as amended by chapter 485 of the laws of
4 2009, are amended to read as follows:
5 1. A person is guilty of aggravated sexual abuse in the second degree
6 when [he or she] such person inserts a finger, hand, or foreign object
7 in the vagina, urethra, penis, rectum or anus of another person [causing
8 physical injury to such person]:
9 (a) By forcible compulsion; or
10 (b) When the other person is incapable of consent by reason of being
11 physically helpless; or
12 (c) When the other person is incapable of consent by reason of being
13 mentally disabled or mentally incapacitated; or
14 (d) When the other person is less than eleven years old; or
15 (e) When the other person is less than thirteen years old and the
16 actor is eighteen years old or older.
17 Aggravated sexual abuse in the second degree is a class [C] D felony.
18 § 4. Subdivision 1 of section 130.70 of the penal law, as amended by
19 chapter 450 of the laws of 1988, the opening paragraph of subdivision 1
20 as amended by chapter 485 of the laws of 2009, is amended to read as
21 follows:
22 1. A person is guilty of aggravated sexual abuse in the first degree
23 when [he or she] such person inserts a finger, hand, or foreign object
24 in the vagina, urethra, penis, rectum or anus of another person causing
25 physical injury to such person:
26 (a) By forcible compulsion; or
27 (b) When the other person is incapable of consent by reason of being
28 physically helpless; or
29 (c) When the other person is incapable of consent by reason of being
30 mentally disabled or mentally incapacitated; or
31 (d) When the other person is less than eleven years old; or
32 (e) When the other person is less than thirteen years old and the
33 actor is eighteen years old or older.
34 § 5. Paragraph (h) of subdivision 3 of section 130.05 of the penal
35 law, as amended by section 2 of part G of chapter 501 of the laws of
36 2012, is amended to read as follows:
37 (h) a client or patient and the actor is a health care provider or
38 mental health care provider charged with rape in the third degree as
39 defined in section 130.25 of this article, criminal sexual act in the
40 third degree as defined in section 130.40 of this article, aggravated
41 sexual abuse in the [fourth] third degree as defined in section
42 [130.65-a] 130.66 of this article, or sexual abuse in the third degree
43 as defined in section 130.55 of this article, and the act of sexual
44 conduct occurs during a treatment session, consultation, interview, or
45 examination; or
46 § 6. Subdivision 3 of section 130.10 of the penal law, as amended by
47 chapter 264 of the laws of 2003, is amended to read as follows:
48 3. In any prosecution for the crime of rape in the third degree as
49 defined in section 130.25 of this article, criminal sexual act in the
50 third degree as defined in section 130.40 of this article, aggravated
51 sexual abuse in the [fourth] third degree as defined in section
52 [130.65-a] 130.66 of this article, or sexual abuse in the third degree
53 as defined in section 130.55 of this article in which incapacity to
54 consent is based on the circumstances set forth in paragraph (h) of
55 subdivision three of section 130.05 of this article it shall be an
56 affirmative defense that the client or patient consented to such conduct
S. 8898 3
1 charged after having been expressly advised by the health care or mental
2 health care provider that such conduct was not performed for a valid
3 medical purpose.
4 § 7. This act shall take effect immediately.
