S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4046
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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.
   [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.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08358-01-3
 S. 4046                             2
              

 
   § 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.