S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7027
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced by M. of A. BAILEY -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   aggravated forcible touching by an incarcerated individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The penal law is amended by adding a new section 130.52-a
 to read as follows:
 § 130.52-A AGGRAVATED FORCIBLE TOUCHING BY AN INCARCERATED INDIVIDUAL.
   1. AN INCARCERATED INDIVIDUAL OR RESPONDENT IS  GUILTY  OF  AGGRAVATED
 FORCIBLE  TOUCHING  BY AN INCARCERATED INDIVIDUAL WHEN SUCH INCARCERATED
 INDIVIDUAL INTENTIONALLY AND FOR NO LEGITIMATE PURPOSE FORCIBLY  TOUCHES
 THE SEXUAL OR OTHER INTIMATE PARTS OF A PERSON WHOM THEY KNOW OR REASON-
 ABLY  SHOULD  KNOW TO BE AN EMPLOYEE OF A FACILITY, THE BOARD OF PAROLE,
 THE OFFICE OF MENTAL HEALTH, A PROBATION DEPARTMENT, BUREAU OR UNIT,  OR
 A POLICE OFFICER, FOR THE PURPOSE OF DEGRADING OR ABUSING SUCH PERSON OR
 FOR  THE PURPOSE OF GRATIFYING THE INCARCERATED INDIVIDUAL'S OR RESPOND-
 ENT'S SEXUAL DESIRE.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "INCARCERATED INDIVIDUAL"  MEANS  AN  INCARCERATED  INDIVIDUAL  OR
 DETAINEE  IN  A  CORRECTIONAL FACILITY, LOCAL CORRECTIONAL FACILITY OR A
 HOSPITAL, AS SUCH TERM IS DEFINED IN SUBDIVISION  TWO  OF  SECTION  FOUR
 HUNDRED OF THE CORRECTION LAW;
   (B)  "RESPONDENT"  MEANS  A JUVENILE IN A SECURE FACILITY OPERATED AND
 MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES WHO  IS  PLACED
 WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (C)  "FACILITY"  MEANS  A  CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL
 FACILITY, HOSPITAL AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION
 FOUR HUNDRED OF THE CORRECTION LAW, OR A SECURE  FACILITY  OPERATED  AND
 MAINTAINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   AGGRAVATED  FORCIBLE TOUCHING BY AN INCARCERATED INDIVIDUAL IS A CLASS
 E FELONY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10047-02-5