Bill Text: NY A01802 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01802 Detail]

Download: New_York-2023-A01802-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1802

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to removing  the  requirement
          that  physical  injury be caused under the crimes of aggravated sexual
          abuse in the third and fourth degrees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph (b) of subdivision 1 of section 130.65-a of the
     2  penal law, as amended by chapter 485 of the laws of 2009, is amended  to
     3  read as follows:
     4    (b)  He  or she inserts a finger in the vagina, urethra, penis, rectum
     5  or anus of another person [causing physical injury to such  person]  and
     6  such  person is incapable of consent by reason of some factor other than
     7  being less than seventeen years old.
     8    § 2. Subdivision 2 of section 130.66 of the penal law, as  amended  by
     9  chapter 485 of the laws of 2009, is amended to read as follows:
    10    2.  A  person is guilty of aggravated sexual abuse in the third degree
    11  when he or she inserts a foreign object in the vagina,  urethra,  penis,
    12  rectum  or  anus  of  another  person  [causing  physical injury to such
    13  person] and such person is incapable  of  consent  by  reason  of  being
    14  mentally disabled or mentally incapacitated.
    15    §  3.  This  act shall take effect on the ninetieth day after it shall
    16  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06479-01-3