BILL NUMBER: S8446

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the penal law, in relation to changing
sexual abuse in the second degree from a class A misdemeanor to a class
E felony

 
PURPOSE OR GENERAL IDEA OF BILL:

To raise the penalty for sexual abuse in the second degree from a class
A misdemeanor to a class E felony

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 130.60 of the Penal Law is amended to increase the penalty for
this crime from a class A misdemeanor to a class E felony.

 
EXISTING LAW:

Current law contains a single crime of Public Lewdness which is a
              

class-B misdemeanor with no registration requirement under SORA and no
enhancement if the act is committed against a child.

 
JUSTIFICATION:

Under current law the crime of sexual abuse is the second degree is
punishable by up to one year in prison. Victims of sexual abuse will
remember and relive the horror and trauma of their attacks for the rest
of their lives. Being fondled or touched in such an inappropriate manner
is humiliating and degrading victims of sexual abuse in the second
degree are, by definition, incapable of giving consent or they are under
the age of 14 years. Sexual abuse in the first degree is a D felony,
however, this statute is only applicable where there is force, where the
victim is incapable of giving consent or where the victim is less than
11 years old. Thus, perpetrators who fondle or otherwise come into sexu-
al contact with victims between the ages of 11 and 13 are only eligible
for up to one year in prison.  This sentence is simply inadequate to
deter this conduct or punish offenders who may repeatedly engage in this
crime.

 
PRIOR LEGISLATIVE HISTORY:

 2016: referred to codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.