S T A T E O F N E W Y O R K
________________________________________________________________________
4791
2013-2014 Regular Sessions
I N S E N A T E
April 24, 2013
___________
Introduced by Sen. SKELOS -- 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 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 1 of the laws of 2013
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, assault on a judge as defined
in section 120.09, 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, aggravated criminal possession of a
weapon as defined in section 265.19, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09689-01-3
S. 4791 2
section 490.30, and criminal possession of a chemical weapon or biolog-
ical 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; provided, however,
that if section 27 of chapter 1 of the laws of 2013 shall not have taken
effect on or before the effective date of this act, then the amendments
to paragraph (b) of subdivision 1 of section 70.02 of the penal law,
made by section one of this act, shall take effect on the same date and
in the same manner as such section 27 takes effect.
