S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6858

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

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

AN ACT to amend the penal law, in relation to sexual assault  against  a
  child by a person in a position of trust

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as amended by chapter 405 of  the  laws  of
2010  and paragraph (d) as amended by chapter 7 of the laws of 2007, are
amended to read as follows:
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, SEXUAL ASSAULT AGAINST A CHILD BY A  PERSON  IN  A  POSITION  OF
TRUST  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 130.97, assault on a
peace officer, police officer, fireman  or  emergency  medical  services
professional  as  defined  in section 120.08, gang assault in the second
degree as defined in section 120.06, strangulation in the  first  degree
as  defined  in section 121.13, burglary in the second degree as defined
in section 140.25, robbery in the second degree as  defined  in  section
160.10,  criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in  the  second  degree  as
defined  in  section  265.08,  criminal  sale of a firearm in the second
degree as defined in section 265.12, criminal sale of a firearm with the
aid of a minor as defined in section  265.14,  soliciting  or  providing
support  for  an  act  of  terrorism  in  the first degree as defined in
section 490.15, hindering prosecution of terrorism in the second  degree
as  defined  in  section  490.30,  and criminal possession of a chemical

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06192-01-1

              

A. 6858                             2

weapon or biological weapon in the third degree as  defined  in  section
490.37.
  (d)  Class  E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a  weapon  in  the  third  degree  as
defined  in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20  of
the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
section 130.53, aggravated sexual abuse in the fourth degree as  defined
in  section 130.65-a, falsely reporting an incident in the second degree
as defined in section 240.55 [and], placing a false  bomb  or  hazardous
substance  in the second degree as defined in section 240.61, AND SEXUAL
ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.98.
  S 2. Section 130.00 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
  14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
NO MATTER HOW BRIEF.
  S  3.  The  penal  law is amended by adding three new sections 130.97,
130.98 and 130.99 to read as follows:
S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
           TRUST IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE FIRST DEGREE IS A CLASS C FELONY.
S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE SECOND DEGREE IS A CLASS E FELONY.
S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
           TRUST IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
  SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.