Bill Text: NY S07237 | 2013-2014 | General Assembly | Amended

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Bill Title: Establishes the crimes of forcible touching in the second and first degrees as a class A misdemeanor and class E felony, respectively.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-06 - PRINT NUMBER 7237C [S07237 Detail]

Download: New_York-2013-S07237-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7237--C
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend  the  penal  law, in relation to forcible touching on
         public transportation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 130.52 of the penal law, as amended by chapter 264
    2  of the laws of 2003, is amended to read as follows:
    3  S 130.52 Forcible touching IN THE SECOND DEGREE.
    4    A person is guilty of forcible touching IN THE SECOND DEGREE when such
    5  person intentionally, and for no legitimate purpose[,]:
    6    (1) forcibly touches the sexual or other  intimate  parts  of  another
    7  person  for  the purpose of degrading or abusing such person; or for the
    8  purpose of gratifying the actor's sexual desire.
    9    For the purposes of this section, forcible touching  includes  squeez-
   10  ing, grabbing or pinching; OR
   11    (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
   12  OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
   13  UNCLOTHED,  FOR  THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO
   14  DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A  PASSEN-
   15  GER  ON  A  BUS,  TRAIN,  OR  SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY,
   16  AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION  IS  AUTHORIZED
   17  BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   18    Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
   19    S 2. The penal law is amended by adding a new section 130.52-a to read
   20  as follows:
   21  S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10424-10-4
       S. 7237--C                          2
    1    A  PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN SUCH
    2  PERSON COMMITS THE CRIME OF FORCIBLE TOUCHING IN THE SECOND  DEGREE  AND
    3  EMITS EJACULATE UPON ANY PART OF SUCH OTHER PERSON.
    4    FORCIBLE TOUCHING IN THE FIRST DEGREE IS A CLASS E FELONY.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.