Senate Bill S5531

2025-2026 Legislative Session

Establishes the crime of aggravated forcible touching by an incarcerated individual

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S5531 (ACTIVE) - Details

See Assembly Version of this Bill:
A7027
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §130.52-a, Pen L

2025-S5531 (ACTIVE) - Summary

Establishes the crime of aggravated forcible touching by an incarcerated individual as a class E felony.

2025-S5531 (ACTIVE) - Sponsor Memo

2025-S5531 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5531
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2025
                                ___________
 
 Introduced  by  Sen. HELMING -- 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
   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

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