S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3225--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Codes -- reported and referred to the Committee on Codes -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the penal law, in relation  to  including  instances  of
   sexual  conduct  against  a  child less than seventeen years of age to
   certain sex offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as
 amended  by  chapter  1  of  the laws of 2000, paragraphs (a) and (b) of
 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended
 to read as follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the first degree when, over a period of time not less than three  months
 in duration:
   [(a)]  1.  he  or  she  engages in two or more acts of sexual conduct,
 which includes at least one  act  of  sexual  intercourse,  oral  sexual
 conduct,  anal sexual conduct or aggravated sexual contact, with a child
 less than eleven years old; AND INCLUDES AT LEAST ONE ADDITIONAL ACT  OF
 SEXUAL  CONDUCT  WITH  THE  CHILD WHEN THAT CHILD IS LESS THAN SEVENTEEN
 YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT OF THE COURSE OF SEXUAL CONDUCT, engages in two  or  more  acts  of
 sexual  conduct,  which  include at least one act of sexual intercourse,
 oral sexual conduct, anal sexual conduct or aggravated  sexual  contact,
 with  a  child  less  than thirteen years old; AND INCLUDES AT LEAST ONE
 ADDITIONAL ACT OF SEXUAL CONDUCT WITH THE CHILD WHEN THAT CHILD IS  LESS
 THAN SEVENTEEN YEARS OLD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01624-05-1

              

 A. 3225--A                          2
 
   [2.  A  person may not be subsequently prosecuted for any other sexual
 offense involving the same  victim  unless  the  other  charged  offense
 occurred outside the time period charged under this section.]
   §  2.  Subdivisions  1  and  2  of section 130.80 of the penal law, as
 amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
 follows:
   [1.] A person is guilty of course of sexual conduct against a child in
 the second degree when, over a period of time not less than three months
 in duration:
   [(a)]  1. he or she engages in two or more acts of sexual conduct with
 a child, WHICH INCLUDES AT LEAST ONE ACT  OF  SEXUAL  CONDUCT  WITH  THE
 CHILD  WHEN  THE  CHILD  IS  less than eleven years old; AND INCLUDES AT
 LEAST ONE ADDITIONAL ACT OF SEXUAL CONDUCT  WITH  SUCH  CHILD  WHEN  THE
 CHILD IS LESS THAN SEVENTEEN YEARS OLD; or
   [(b)] 2. he or she, being eighteen years old or more, AT THE COMMENCE-
 MENT  OF  THE  COURSE  OF SEXUAL CONDUCT, engages in two or more acts of
 sexual conduct with a child, WHICH INCLUDES AT LEAST ONE ACT  OF  SEXUAL
 CONDUCT  WITH  THE CHILD WHEN THE CHILD IS less than thirteen years old;
 AND INCLUDES AT LEAST ONE ADDITIONAL ACT OF  SEXUAL  CONDUCT  WITH  SUCH
 CHILD WHEN THE CHILD IS LESS THAN SEVENTEEN YEARS OLD.
   [2.  A  person may not be subsequently prosecuted for any other sexual
 offense involving the same  victim  unless  the  other  charged  offense
 occurred outside the time period charged under this section.]
   §  3.  Section 130.96 of the penal law, as added by chapter 107 of the
 laws of 2006, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A person is guilty of predatory sexual assault against a  child  when,
 being eighteen years old or more, he or she commits:
   1.  the  crime of rape in the first degree, criminal sexual act in the
 first degree, OR aggravated sexual abuse in the first degree, [or course
 of sexual conduct against a child in the first degree,]  as  defined  in
 this article, and the victim is less than thirteen years old[.]; OR
   2.  THE  CRIME  OF  A  COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE
 FIRST DEGREE, AS DEFINED IN THIS ARTICLE, AND THE  PERSON  WAS  EIGHTEEN
 YEARS  OLD  OR MORE AND THE VICTIM WAS LESS THAN THIRTEEN YEARS OLD WHEN
 THE CONDUCT COMMENCED.
   Predatory sexual assault against a child is a class A-II felony.
   § 4. This act shall take effect immediately.