Bill Text: NY S04391 | 2011-2012 | General Assembly | Introduced

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Bill Title: Changes the age of the intended victim of aggravated assault, penal law 120.12, from less than eleven to less than fourteen years.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-02-06 - referred to codes [S04391 Detail]

Download: New_York-2011-S04391-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4391
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 4, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- 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 changing the  age  of  the
         victim intended for a specific crime of assault
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 120.12 of the penal law, as added by chapter 477 of
    2  the laws of 1990, is amended to read as follows:
    3  S 120.12 Aggravated assault upon a person less  than  [eleven]  FOURTEEN
    4             years old.
    5    A  person  is  guilty  of  aggravated  assault upon a person less than
    6  [eleven] FOURTEEN years old when being eighteen years old  or  more  the
    7  defendant commits the crime of assault in the third degree as defined in
    8  section 120.00 of this article upon a person less than [eleven] FOURTEEN
    9  years  old  and  has been previously convicted of such crime, ASSAULT IN
   10  THE SECOND DEGREE AS DEFINED IN  SECTION  120.05  OF  THIS  ARTICLE,  OR
   11  ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10 OF THIS ARTICLE
   12  upon a person less than [eleven] FOURTEEN years old within the preceding
   13  [three] TEN years.
   14    Aggravated assault upon a person less than [eleven] FOURTEEN years old
   15  is a class E felony.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10476-01-1