S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3517
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 establishing the crime  of
   forcible  touching  of  a correction officer, and to increase criminal
   penalties for certain sexual  offenses  committed  against  correction
   officers
 
   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 FORCIBLE TOUCHING OF A CORRECTION OFFICER.
   A  PERSON  IS GUILTY OF FORCIBLE TOUCHING OF A CORRECTION OFFICER WHEN
 SUCH PERSON INTENTIONALLY,  AND  FOR  NO  LEGITIMATE  PURPOSE,  FORCIBLY
 TOUCHES  THE  SEXUAL OR OTHER INTIMATE PARTS OF A CORRECTION OFFICER FOR
 THE PURPOSE OF DEGRADING OR ABUSING SUCH OFFICER, OR FOR THE PURPOSE  OF
 GRATIFYING  THE  ACTOR'S  SEXUAL DESIRE, WHEN SUCH CORRECTION OFFICER IS
 ACTING IN THE COURSE OF THEIR EMPLOYMENT.
   FOR THE PURPOSES OF THIS SECTION, FORCIBLE TOUCHING  INCLUDES  SQUEEZ-
 ING, GRABBING OR PINCHING.
   FORCIBLE TOUCHING OF A CORRECTION OFFICER IS A CLASS E FELONY.
   § 2. Section 130.20 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.20 Sexual misconduct.
   A person is guilty of sexual misconduct when:
   1.  [He  or  she]  SUCH  PERSON engages in vaginal sexual contact with
 another person without such OTHER person's consent; or
   2. [He or she] SUCH PERSON engages in oral sexual contact with another
 person without such OTHER person's consent; or
   3. [He or she] SUCH PERSON engages in anal sexual contact with another
 person without such OTHER person's consent; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03634-01-5
 S. 3517                             2
              

 
   4. [He or she] SUCH PERSON engages in sexual conduct with an animal or
 a dead human body.
   Sexual  misconduct  is  a class A misdemeanor, PROVIDED, HOWEVER, THAT
 WHEN A PERSON IS GUILTY OF SEXUAL MISCONDUCT AGAINST A CORRECTION  OFFI-
 CER  WHEN  SUCH  CORRECTION  OFFICER  IS  ACTING  IN  THE COURSE OF SUCH
 CORRECTION OFFICER'S EMPLOYMENT, SEXUAL MISCONDUCT IS A CLASS E FELONY.
   § 3. Section 130.25 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.25 Rape in the third degree.
   A person is guilty of rape in the third degree when:
   1. [He or she] SUCH PERSON engages  in  vaginal  sexual  contact  with
 another  person  who  is  incapable  of consent by reason of some factor
 other than being less than seventeen years old;
   2. [He or she] SUCH PERSON engages in oral sexual contact with another
 person who is incapable of consent by reason of some factor  other  than
 being less than seventeen years old;
   3. [He or she] SUCH PERSON engages in anal sexual contact with another
 person  who is incapable of consent by reason of some other factor other
 than being less than seventeen years old;
   4. Being twenty-one years old or more, [he or she] SUCH PERSON engages
 in vaginal sexual contact with another person less than seventeen  years
 old;
   5. Being twenty-one years old or more, [he or she] SUCH PERSON engages
 in  oral  sexual  contact  with another person less than seventeen years
 old;
   6. Being twenty-one years old or more, [he or she] SUCH PERSON engages
 in anal sexual contact with another person  less  than  seventeen  years
 old;
   7.  [He  or  she]  SUCH  PERSON engages in vaginal sexual contact with
 another person without such OTHER person's consent where  such  lack  of
 consent is by reason of some factor other than incapacity to consent;
   8. [He or she] SUCH PERSON engages in oral sexual contact with another
 person without such OTHER person's consent where such lack of consent is
 by reason of some factor other than incapacity to consent; or
   9. [He or she] SUCH PERSON engages in anal sexual contact with another
 person without such OTHER person's consent where such lack of consent is
 by reason of some factor other than the incapacity to consent.
   Rape  in the third degree is a class E felony, PROVIDED, HOWEVER, THAT
 WHEN A PERSON IS GUILTY OF RAPE IN THE THIRD DEGREE AGAINST A CORRECTION
 OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN  THE  COURSE  OF  SUCH
 CORRECTION  OFFICER'S  EMPLOYMENT, RAPE IN THE THIRD DEGREE IS A CLASS D
 FELONY.
   § 4. Section 130.30 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.30 Rape in the second degree.
   A person is guilty of rape in the second degree when:
   1. being eighteen years old or more, [he or she] SUCH  PERSON  engages
 in  vaginal  sexual  contact with another person less than fifteen years
 old;
   2. being eighteen years old or more, [he or she] SUCH  PERSON  engages
 in oral sexual contact with another person less than fifteen years old;
   3.  being  eighteen years old or more, [he or she] SUCH PERSON engages
 in anal sexual contact with another person less than fifteen years old;
   4. [he or she] SUCH PERSON engages  in  vaginal  sexual  contact  with
 another  person  who is incapable of consent by reason of being mentally
 disabled or mentally incapacitated;
 S. 3517                             3

   5. [he or she] SUCH PERSON engages in oral sexual contact with another
 person who is incapable of consent by reason of being mentally  disabled
 or mentally incapacitated; or
   6. [he or she] SUCH PERSON engages in anal sexual contact with another
 person  who is incapable of consent by reason of being mentally disabled
 or mentally incapacitated.
   It shall be an affirmative defense to the crime of rape in the  second
 degree  as  defined  in  subdivisions one, two and three of this section
 that the defendant was less than four years older than the victim at the
 time of the act.
   Rape in the second degree is a class D felony, PROVIDED, HOWEVER, THAT
 WHEN A PERSON  IS  GUILTY  OF  RAPE  IN  THE  SECOND  DEGREE  AGAINST  A
 CORRECTION  OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE COURSE
 OF SUCH CORRECTION OFFICER'S EMPLOYMENT, RAPE IN THE SECOND DEGREE IS  A
 CLASS C FELONY.
   § 5. Section 130.35 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when:
   1.  [he  or  she]  SUCH  PERSON engages in vaginal sexual contact with
 another person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less; or
   (c) Who is less than eleven years old; or
   (d)  Who  is  less  than  thirteen years old and the actor is eighteen
 years old or more;
   2. [he or she] SUCH PERSON engages in oral sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less; or
   (c) Who is less than eleven years old; or
   (d)  Who  is  less  than  thirteen years old and the actor is eighteen
 years old or more; or
   3. [he or she] SUCH PERSON engages in anal sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less; or
   (c) Who is less than eleven years old; or
   (d)  Who  is  less  than  thirteen years old and the actor is eighteen
 years old or more.
   Rape in the first degree is a class B felony, PROVIDED, HOWEVER,  THAT
 WHEN A PERSON IS GUILTY OF RAPE IN THE FIRST DEGREE AGAINST A CORRECTION
 OFFICER  WHEN  SUCH  CORRECTION  OFFICER IS ACTING IN THE COURSE OF SUCH
 CORRECTION OFFICER'S EMPLOYMENT, RAPE IN THE FIRST  DEGREE  IS  A  CLASS
 A-II FELONY.
   § 6. Section 130.53 of the penal law, as amended by chapter 192 of the
 laws of 2014, is amended to read as follows:
 § 130.53 Persistent sexual abuse.
   A  person  is  guilty of persistent sexual abuse when [he or she] SUCH
 PERSON commits the crime of forcible touching,  as  defined  in  section
 130.52  of this article, sexual abuse in the third degree, as defined in
 section 130.55 of this article, or sexual abuse in the second degree, as
 defined in section 130.60 of this article, and, within the previous  ten
 S. 3517                             4
 
 year period, excluding any time during which such person was incarcerat-
 ed  for  any  reason,  has been convicted two or more times, in separate
 criminal transactions for which sentence was imposed on  separate  occa-
 sions,  of forcible touching, as defined in section 130.52 of this arti-
 cle, sexual abuse in the third degree, as defined in section  130.55  of
 this  article,  sexual abuse in the second degree, as defined in section
 130.60 of this article, or any offense defined in this article, of which
 the commission or attempted commission thereof is a felony.
   Persistent sexual abuse is a class E felony, PROVIDED,  HOWEVER,  THAT
 WHEN  A PERSON IS GUILTY OF PERSISTENT SEXUAL ABUSE AGAINST A CORRECTION
 OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN  THE  COURSE  OF  SUCH
 CORRECTION  OFFICER'S  EMPLOYMENT,  PERSISTENT SEXUAL ABUSE IS A CLASS D
 FELONY.
   § 7. Section 130.55 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.55 Sexual abuse in the third degree.
   A  person  is  guilty  of sexual abuse in the third degree when [he or
 she] SUCH PERSON subjects another person to sexual contact  without  the
 latter's  consent; except that in any prosecution under this section, it
 is an affirmative defense that (a) such other person's lack  of  consent
 was  due  solely  to  incapacity to consent by reason of being less than
 seventeen years old, and (b) such other person was  more  than  fourteen
 years  old,  and  (c)  the defendant was less than five years older than
 such other person.
   Sexual abuse in the third degree is a class B  misdemeanor,  PROVIDED,
 HOWEVER,  THAT  WHEN  A  PERSON  IS  GUILTY OF SEXUAL ABUSE IN THE THIRD
 DEGREE AGAINST A CORRECTION OFFICER  WHEN  SUCH  CORRECTION  OFFICER  IS
 ACTING  IN  THE  COURSE  OF SUCH CORRECTION OFFICER'S EMPLOYMENT, SEXUAL
 ABUSE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   § 8. Section 130.60 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.60 Sexual abuse in the second degree.
   A  person  is  guilty of sexual abuse in the second degree when [he or
 she] SUCH PERSON subjects another person to sexual contact and when such
 other person is:
   1. Incapable of consent by reason of some factor other than being less
 than seventeen years old; or
   2. Less than fourteen years old.
   Sexual abuse in the second degree is a class A misdemeanor,  PROVIDED,
 HOWEVER,  THAT  WHEN  A  PERSON  IS GUILTY OF SEXUAL ABUSE IN THE SECOND
 DEGREE AGAINST A CORRECTION OFFICER  WHEN  SUCH  CORRECTION  OFFICER  IS
 ACTING  IN  THE  COURSE  OF SUCH CORRECTION OFFICER'S EMPLOYMENT, SEXUAL
 ABUSE IN THE SECOND DEGREE IS A CLASS E FELONY.
   § 9. Section 130.65 of the penal law, as amended by chapter 26 of  the
 laws of 2011, is amended to read as follows:
 § 130.65 Sexual abuse in the first degree.
   A  person  is  guilty  of sexual abuse in the first degree when [he or
 she] SUCH PERSON subjects another person to sexual contact:
   1. By forcible compulsion; or
   2. When the other person is incapable of consent by  reason  of  being
 physically helpless; or
   3. When the other person is less than eleven years old; or
   4. When the other person is less than thirteen years old and the actor
 is twenty-one years old or older.
   Sexual abuse in the first degree is a class D felony, PROVIDED, HOWEV-
 ER,  THAT  WHEN  A  PERSON IS GUILTY OF SEXUAL ABUSE IN THE FIRST DEGREE
 S. 3517                             5
 
 AGAINST A CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER IS  ACTING  IN
 THE  COURSE OF SUCH CORRECTION OFFICER'S EMPLOYMENT, SEXUAL ABUSE IN THE
 FIRST DEGREE IS A CLASS C FELONY.
   §  10. Section 130.65-a of the penal law, as added by chapter 1 of the
 laws of 2000, subdivision 1 as amended by chapter 485  of  the  laws  of
 2009, is amended to read as follows:
 § 130.65-a Aggravated sexual abuse in the fourth degree.
   1.  A person is guilty of aggravated sexual abuse in the fourth degree
 when:
   (a) [He or she] SUCH PERSON inserts a foreign object  in  the  vagina,
 urethra, penis, rectum or anus of another person and the other person is
 incapable of consent by reason of some factor other than being less than
 seventeen years old; or
   (b)  [He  or she] SUCH PERSON inserts a finger in the vagina, urethra,
 penis, rectum or anus of another person causing physical injury to  such
 OTHER  person and such OTHER person is incapable of consent by reason of
 some factor other than being less than seventeen years old.
   2. Conduct performed for a valid medical purpose does not violate  the
 provisions of this section.
   Aggravated  sexual  abuse  in  the  fourth degree is a class E felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  FOURTH  DEGREE  AGAINST  A  CORRECTION OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF SUCH CORRECTION  OFFICER'S
 EMPLOYMENT,  AGGRAVATED  SEXUAL  ABUSE IN THE FOURTH DEGREE IS A CLASS D
 FELONY.
   § 11. Section 130.66 of the penal law, as added by chapter 181 of  the
 laws  of  1996,  subdivision  1 as amended by chapter 647 of the laws of
 2022, subdivision 2 as amended by chapter 485 of the laws of  2009,  and
 subdivision 3 as renumbered by chapter 1 of the laws of 2000, is amended
 to read as follows:
 § 130.66 Aggravated sexual abuse in the third degree.
   1.  A  person is guilty of aggravated sexual abuse in the third degree
 when [he or she] SUCH PERSON inserts a foreign object or a finger in the
 vagina, urethra, penis, rectum or anus of another person:
   (a) By forcible compulsion; [or]
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless;
   (c) When the other person is less than eleven years old; or
   (d)  When  the  other  person  is less than thirteen years old and the
 actor is eighteen years of age or older.
   2. A person is guilty of aggravated sexual abuse in the  third  degree
 when  [he  or  she]  SUCH PERSON inserts a foreign object in the vagina,
 urethra, penis, rectum or anus of another person causing physical injury
 to such OTHER person and such OTHER person is incapable  of  consent  by
 reason of being mentally disabled or mentally incapacitated.
   3.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the third  degree  is  a  class  D  felony,
 PROVIDED,  HOWEVER,  THAT  WHEN  A PERSON IS GUILTY OF AGGRAVATED SEXUAL
 ABUSE IN THE  THIRD  DEGREE  AGAINST  A  CORRECTION  OFFICER  WHEN  SUCH
 CORRECTION  OFFICER IS ACTING IN THE COURSE OF SUCH CORRECTION OFFICER'S
 EMPLOYMENT, AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE  IS  A  CLASS  C
 FELONY.
   §  12. Section 130.67 of the penal law, as added by chapter 450 of the
 laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
 ter 485 of the laws of 2009, is amended to read as follows:
 S. 3517                             6
 
 § 130.67 Aggravated sexual abuse in the second degree.
   1.  A person is guilty of aggravated sexual abuse in the second degree
 when [he or she] SUCH PERSON inserts a finger in  the  vagina,  urethra,
 penis,  rectum or anus of another person causing physical injury to such
 OTHER person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless; or
   (c) When the other person is less than eleven years old.
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the second degree  is  a  class  C  felony,
 PROVIDED,  HOWEVER,  THAT  WHEN  A PERSON IS GUILTY OF AGGRAVATED SEXUAL
 ABUSE IN THE SECOND  DEGREE  AGAINST  A  CORRECTION  OFFICER  WHEN  SUCH
 CORRECTION  OFFICER IS ACTING IN THE COURSE OF SUCH CORRECTION OFFICER'S
 EMPLOYMENT, AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE IS  A  CLASS  B
 FELONY.
   §  13.  Section  130.70 of the penal law, as amended by chapter 450 of
 the laws of 1988, the opening paragraph of subdivision 1 as  amended  by
 chapter 485 of the laws of 2009, is amended to read as follows:
 § 130.70 Aggravated sexual abuse in the first degree.
   1.  A  person is guilty of aggravated sexual abuse in the first degree
 when [he or she] SUCH PERSON inserts a foreign  object  in  the  vagina,
 urethra, penis, rectum or anus of another person causing physical injury
 to such OTHER person:
   (a) By forcible compulsion; or
   (b) When the other  person  is incapable of consent by reason of being
 physically helpless; or
   (c) When the other person is less than eleven years old.
   2. Conduct performed for a valid medical purpose does not violate  the
 provisions of this section.
   Aggravated  sexual  abuse  in  the  first  degree is a class B felony,
 PROVIDED, HOWEVER, THAT WHEN A PERSON IS  GUILTY  OF  AGGRAVATED  SEXUAL
 ABUSE  IN  THE  FIRST  DEGREE  AGAINST  A  CORRECTION  OFFICER WHEN SUCH
 CORRECTION OFFICER IS ACTING IN THE COURSE OF SUCH CORRECTION  OFFICER'S
 EMPLOYMENT,  AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE IS A CLASS A-II
 FELONY.
   § 14. Section 130.85 of the penal law, as added by chapter 618 of  the
 laws of 1997, is amended to read as follows:
 § 130.85 Female genital mutilation.
   1. A person is guilty of female genital mutilation when:
   (a)  a person knowingly circumcises, excises, or infibulates the whole
 or any part of the labia majora or labia minora or clitoris  of  another
 person who has not reached eighteen years of age; or
   (b)  being  a parent, guardian or other person legally responsible and
 charged with the care or custody of a child  less  than  eighteen  years
 old,  [he  or  she]  SUCH PERSON knowingly consents to the circumcision,
 excision or infibulation of whole or part of such child's  labia  majora
 or labia minora or clitoris.
   2.  Such circumcision, excision, or infibulation is not a violation of
 this section if such act is:
   (a) necessary to the health of the person on whom it is performed, and
 is performed by a person licensed in the place of its performance  as  a
 medical practitioner; or
   (b)  performed on a person in labor or who has just given birth and is
 performed for medical purposes connected with that labor or birth  by  a
 S. 3517                             7
 
 person  licensed in the place it is performed as a medical practitioner,
 midwife, or person in training to become such a practitioner or midwife.
   3.  For  the  purposes  of  paragraph  (a)  of subdivision two of this
 section, no account shall be taken of the effect on the person  on  whom
 such  procedure  is to be performed of any belief on the part of that or
 any other person that such procedure is required as a matter  of  custom
 or ritual.
   Female genital mutilation is a class E felony, PROVIDED, HOWEVER, THAT
 WHEN  A  PERSON  IS  GUILTY  OF  FEMALE  GENITAL  MUTILATION  AGAINST  A
 CORRECTION OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE  COURSE
 OF  SUCH CORRECTION OFFICER'S EMPLOYMENT, FEMALE GENITAL MUTILATION IS A
 CLASS D FELONY.
   § 15. Section 130.90 of the penal law, as added by chapter  1  of  the
 laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws
 of 2003, is amended to read as follows:
 § 130.90 Facilitating a sex offense with a controlled substance.
   A  person  is  guilty  of facilitating a sex offense with a controlled
 substance when [he or she] SUCH PERSON:
   1. knowingly and unlawfully possesses a controlled  substance  or  any
 preparation, compound, mixture or substance that requires a prescription
 to  obtain  and  administers  such  substance  or preparation, compound,
 mixture or substance that requires a prescription to obtain  to  another
 person  without  such person's consent and with intent to commit against
 such person conduct constituting a felony defined in this article; and
   2. commits or attempts to commit such conduct  constituting  a  felony
 defined in this article.
   Facilitating  a  sex  offense with a controlled substance is a class D
 felony, PROVIDED, HOWEVER, THAT WHEN A PERSON IS GUILTY OF  FACILITATING
 A  SEX  OFFENSE WITH A CONTROLLED SUBSTANCE AGAINST A CORRECTION OFFICER
 WHEN SUCH CORRECTION OFFICER IS ACTING IN THE COURSE OF SUCH  CORRECTION
 OFFICER'S  EMPLOYMENT,  FACILITATING  A  SEX  OFFENSE  WITH A CONTROLLED
 SUBSTANCE IS A CLASS C FELONY.
   § 16. Section 130.95 of the penal law, as added by chapter 107 of  the
 laws  of  2006,  the  opening  paragraph and subdivision 2 as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
 § 130.95 Predatory sexual assault.
   A person is guilty of predatory sexual assault when [he or  she]  SUCH
 PERSON  commits  the crime of rape in the first degree, a crime formerly
 defined in section 130.50 of this title, the crime of 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 when:
   1. In the course of the commission  of  the  crime  or  the  immediate
 flight therefrom, [he or she] SUCH PERSON:
   (a) Causes serious physical injury to the victim of such crime; or
   (b) Uses or threatens the immediate use of a dangerous instrument; or
   2.  [He  or  she]  SUCH PERSON has engaged in conduct constituting the
 crime of rape in the first degree, a crime formerly defined  in  section
 130.50  of this title, the crime of aggravated sexual abuse in the first
 degree, or course of sexual conduct against a child in the first degree,
 as defined in this article, against one or more additional persons; or
   3. [He or  she]  SUCH  PERSON  has  previously  been  subjected  to  a
 conviction  for  a  felony defined in this article, incest as defined in
 section 255.25 of this [chapter] PART or use of  a  child  in  a  sexual
 performance as defined in section 263.05 of this [chapter] PART.
   Predatory  sexual  assault  is a class A-II felony, PROVIDED, HOWEVER,
 THAT WHEN A PERSON IS GUILTY  OF  PREDATORY  SEXUAL  ASSAULT  AGAINST  A
 S. 3517                             8
 
 CORRECTION  OFFICER WHEN SUCH CORRECTION OFFICER IS ACTING IN THE COURSE
 OF SUCH CORRECTION OFFICER'S EMPLOYMENT, PREDATORY SEXUAL ASSAULT  IS  A
 CLASS A-I FELONY.
   § 17. This act shall take effect immediately.