STATE OF NEW YORK ________________________________________________________________________ 4046 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Subdivisions 1 and 2 of section 130.75 of the penal law, as 2 amended by chapter 1 of the laws of 2000, paragraphs (a) and (b) of 3 subdivision 1 as amended by chapter 264 of the laws of 2003, are amended 4 to read as follows: 5 [1.] A person is guilty of course of sexual conduct against a child in 6 the first degree when, over a period of time not less than three months 7 in duration: 8 [(a)] 1. he or she engages in two or more acts of sexual conduct, 9 which includes at least one act of sexual intercourse, oral sexual 10 conduct, anal sexual conduct or aggravated sexual contact, with a child 11 less than eleven years old; and includes at least one additional act of 12 sexual conduct with the child when that child is less than seventeen 13 years old; or 14 [(b)] 2. he or she, being eighteen years old or more, at the commence- 15 ment of the course of sexual conduct, engages in two or more acts of 16 sexual conduct, which include at least one act of sexual intercourse, 17 oral sexual conduct, anal sexual conduct or aggravated sexual contact, 18 with a child less than thirteen years old; and includes at least one 19 additional act of sexual conduct with the child when that child is less 20 than seventeen years old. 21 [2. A person may not be subsequently prosecuted for any other sexual 22 offense involving the same victim unless the other charged offense 23 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 1 § 2. Subdivisions 1 and 2 of section 130.80 of the penal law, as 2 amended by chapter 1 of the laws of 2000, are amended to read as 3 follows: 4 [1.] A person is guilty of course of sexual conduct against a child in 5 the second degree when, over a period of time not less than three months 6 in duration: 7 [(a)] 1. he or she engages in two or more acts of sexual conduct with 8 a child, which includes at least one act of sexual conduct with the 9 child when the child is less than eleven years old; and includes at 10 least one additional act of sexual conduct with such child when the 11 child is less than seventeen years old; or 12 [(b)] 2. he or she, being eighteen years old or more, at the commence- 13 ment of the course of sexual conduct, engages in two or more acts of 14 sexual conduct with a child, which includes at least one act of sexual 15 conduct with the child when the child is less than thirteen years old; 16 and includes at least one additional act of sexual conduct with such 17 child when the child is less than seventeen years old. 18 [2. A person may not be subsequently prosecuted for any other sexual 19 offense involving the same victim unless the other charged offense 20 occurred outside the time period charged under this section.] 21 § 3. Section 130.96 of the penal law, as added by chapter 107 of the 22 laws of 2006, is amended to read as follows: 23 § 130.96 Predatory sexual assault against a child. 24 A person is guilty of predatory sexual assault against a child when, 25 being eighteen years old or more, he or she commits: 26 1. the crime of rape in the first degree, criminal sexual act in the 27 first degree, or aggravated sexual abuse in the first degree, [or course 28 of sexual conduct against a child in the first degree,] as defined in 29 this article, and the victim is less than thirteen years old[.]; or 30 2. the crime of a course of sexual conduct against a child in the 31 first degree, as defined in this article, and the person was eighteen 32 years old or more and the victim was less than thirteen years old when 33 the conduct commenced. 34 Predatory sexual assault against a child is a class A-II felony. 35 § 4. This act shall take effect immediately.