Assembly Bill A7323D

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A7323 - Details

See Senate Version of this Bill:
S7237
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A4969

2013-A7323 - Summary

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

2013-A7323 - Bill Text download pdf 

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

                                  7323

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to enacting the "mass transit
  barring unwanted frotteurism from every ride (BUFFER) act"  to  estab-
  lish  the crimes of criminal frotteurism and aggravated criminal frot-
  teurism as a class A misdemeanor and a class E felony, respectively

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

  Section 1. This act shall be known and may be cited as the "mass tran-
sit barring unwanted frotteurism from every ride (BUFFER) act."
  S  2.  The  penal law is amended by adding two new sections 130.22 and
130.23 to read as follows:
S 130.22 CRIMINAL FROTTEURISM.
  A PERSON IS GUILTY OF CRIMINAL  FROTTEURISM  WHEN  HE  OR  SHE  INTEN-
TIONALLY  TOUCHES  OR  RUBS  HIS  OR  HER  SEXUAL OR INTIMATE BODY PARTS
AGAINST ANY BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED,  FOR  THE
PURPOSE  OF GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING OR
ABUSING SUCH OTHER PERSON WHILE SUCH OTHER  PERSON  IS  A  PASSENGER  ON
PUBLIC TRANSPORTATION.
  CRIMINAL FROTTEURISM IS A CLASS A MISDEMEANOR.
S 130.23 AGGRAVATED CRIMINAL FROTTEURISM.
  A  PERSON  IS GUILTY OF AGGRAVATED CRIMINAL FROTTEURISM WHEN HE OR SHE
INTENTIONALLY TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE  BODY  PARTS
AGAINST  ANY  BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR THE
PURPOSE OF GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING  OR
ABUSING  SUCH  OTHER  PERSON  AND  EMITS EJACULATE UPON ANY PART OF SUCH
OTHER PERSON WHILE SUCH OTHER PERSON IS A PASSENGER ON PUBLIC  TRANSPOR-
TATION.
  AGGRAVATED CRIMINAL FROTTEURISM IS A CLASS E FELONY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-02-3

2013-A7323A - Details

See Senate Version of this Bill:
S7237
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A4969

2013-A7323A - Summary

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

2013-A7323A - Bill Text download pdf 

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

                                 7323--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes -- 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:

  Section  1. Section 130.52 of the penal law, as amended by chapter 264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1) forcibly touches, SQUEEZES, GRABS OR PINCHES the sexual  or  other
intimate parts of another person for the purpose of degrading or abusing
such  person;  or  for  the  purpose  of  gratifying  the actor's sexual
desire[.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching.]; OR
  (2)  TOUCHES  OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS AGAINST
ANY BODY PART OF ANOTHER PERSON, CLOTHED OR UNCLOTHED, FOR  THE  PURPOSE
OF  GRATIFYING SEXUAL DESIRE, OR FOR THE PURPOSE OF DEGRADING OR ABUSING
SUCH OTHER PERSON WHILE SUCH OTHER PERSON  IS  A  PASSENGER  ON  A  BUS,
TRAIN, OR SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPA-
NY,  PUBLIC  OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE
OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
S 130.52-A FORCIBLE TOUCHING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF FORCIBLE TOUCHING IN THE FIRST DEGREE WHEN  SUCH
PERSON  INTENTIONALLY  AND FOR NO LEGITIMATE PURPOSE TOUCHES OR RUBS HIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-03-3

2013-A7323B - Details

See Senate Version of this Bill:
S7237
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A4969

2013-A7323B - Summary

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

2013-A7323B - Bill Text download pdf 

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

                                 7323--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
  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:

  Section 1. Section 130.52 of the penal law, as amended by chapter  264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1)  forcibly  touches, SQUEEZES, GRABS OR PINCHES the sexual or other
intimate parts of another person for the purpose of degrading or abusing
such person; or for the purpose of gratifying the actor's sexual desire.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching; OR
  (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
UNCLOTHED,  FOR  THE  PURPOSE  OF  GRATIFYING  SEXUAL DESIRE, OR FOR THE
PURPOSE OF DEGRADING OR ABUSING  SUCH  OTHER  PERSON  WHILE  SUCH  OTHER
PERSON  IS  A  PASSENGER  ON A BUS, TRAIN, OR SUBWAY CAR OPERATED BY ANY
TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION
IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 130.52-a to read
as follows:
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.
                                                           LBD10424-06-4

2013-A7323C - Details

See Senate Version of this Bill:
S7237
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A4969

2013-A7323C - Summary

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

2013-A7323C - Bill Text download pdf 

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

                                 7323--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, 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:

  Section 1. Section 130.52 of the penal law, as amended by chapter  264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1)  forcibly  touches, SQUEEZES, GRABS OR PINCHES the sexual or other
intimate parts of another person for the purpose of degrading or abusing
such person; or for the purpose of gratifying the actor's sexual desire.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching; OR
  (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
UNCLOTHED,  FOR  THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO
DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A  PASSEN-
GER  ON  A  BUS,  TRAIN,  OR  SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY,
AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION  IS  AUTHORIZED
BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-08-4

2013-A7323D (ACTIVE) - Details

See Senate Version of this Bill:
S7237
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.52, add §130.52-a, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A4969

2013-A7323D (ACTIVE) - Summary

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

2013-A7323D (ACTIVE) - Bill Text download pdf 

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

                                 7323--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 10, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Codes in accordance with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  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:

  Section  1. Section 130.52 of the penal law, as amended by chapter 264
of the laws of 2003, is amended to read as follows:
S 130.52 Forcible touching IN THE SECOND DEGREE.
  A person is guilty of forcible touching IN THE SECOND DEGREE when such
person intentionally, and for no legitimate purpose[,]:
  (1) forcibly touches the sexual or other  intimate  parts  of  another
person  for  the purpose of degrading or abusing such person; or for the
purpose of gratifying the actor's sexual desire.
  For the purposes of this section, forcible touching  includes  squeez-
ing, grabbing or pinching; OR
  (2)  TOUCHES OR RUBS HIS OR HER SEXUAL OR INTIMATE BODY PARTS, CLOTHED
OR UNCLOTHED, AGAINST ANY  BODY  PART  OF  ANOTHER  PERSON,  CLOTHED  OR
UNCLOTHED,  FOR  THE PURPOSE OF GRATIFYING SEXUAL DESIRE, WITH INTENT TO
DEGRADE OR ABUSE SUCH OTHER PERSON WHILE SUCH OTHER PERSON IS A  PASSEN-
GER  ON  A  BUS,  TRAIN,  OR  SUBWAY CAR OPERATED BY ANY TRANSIT AGENCY,
AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION  IS  AUTHORIZED
BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
  Forcible touching IN THE SECOND DEGREE is a class A misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10424-09-4

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