STATE OF NEW YORK ________________________________________________________________________ 3517 2025-2026 Regular Sessions IN SENATE 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: 1 Section 1. The penal law is amended by adding a new section 130.52-a 2 to read as follows: 3 § 130.52-a Forcible touching of a correction officer. 4 A person is guilty of forcible touching of a correction officer when 5 such person intentionally, and for no legitimate purpose, forcibly 6 touches the sexual or other intimate parts of a correction officer for 7 the purpose of degrading or abusing such officer, or for the purpose of 8 gratifying the actor's sexual desire, when such correction officer is 9 acting in the course of their employment. 10 For the purposes of this section, forcible touching includes squeez- 11 ing, grabbing or pinching. 12 Forcible touching of a correction officer is a class E felony. 13 § 2. Section 130.20 of the penal law, as amended by chapter 777 of the 14 laws of 2023, is amended to read as follows: 15 § 130.20 Sexual misconduct. 16 A person is guilty of sexual misconduct when: 17 1. [He or she] Such person engages in vaginal sexual contact with 18 another person without such other person's consent; or 19 2. [He or she] Such person engages in oral sexual contact with another 20 person without such other person's consent; or 21 3. [He or she] Such person engages in anal sexual contact with another 22 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 1 4. [He or she] Such person engages in sexual conduct with an animal or 2 a dead human body. 3 Sexual misconduct is a class A misdemeanor, provided, however, that 4 when a person is guilty of sexual misconduct against a correction offi- 5 cer when such correction officer is acting in the course of such 6 correction officer's employment, sexual misconduct is a class E felony. 7 § 3. Section 130.25 of the penal law, as amended by chapter 777 of the 8 laws of 2023, is amended to read as follows: 9 § 130.25 Rape in the third degree. 10 A person is guilty of rape in the third degree when: 11 1. [He or she] Such person engages in vaginal sexual contact with 12 another person who is incapable of consent by reason of some factor 13 other than being less than seventeen years old; 14 2. [He or she] Such person engages in oral sexual contact with another 15 person who is incapable of consent by reason of some factor other than 16 being less than seventeen years old; 17 3. [He or she] Such person engages in anal sexual contact with another 18 person who is incapable of consent by reason of some other factor other 19 than being less than seventeen years old; 20 4. Being twenty-one years old or more, [he or she] such person engages 21 in vaginal sexual contact with another person less than seventeen years 22 old; 23 5. Being twenty-one years old or more, [he or she] such person engages 24 in oral sexual contact with another person less than seventeen years 25 old; 26 6. Being twenty-one years old or more, [he or she] such person engages 27 in anal sexual contact with another person less than seventeen years 28 old; 29 7. [He or she] Such person engages in vaginal sexual contact with 30 another person without such other person's consent where such lack of 31 consent is by reason of some factor other than incapacity to consent; 32 8. [He or she] Such person engages in oral sexual contact with another 33 person without such other person's consent where such lack of consent is 34 by reason of some factor other than incapacity to consent; or 35 9. [He or she] Such person engages in anal sexual contact with another 36 person without such other person's consent where such lack of consent is 37 by reason of some factor other than the incapacity to consent. 38 Rape in the third degree is a class E felony, provided, however, that 39 when a person is guilty of rape in the third degree against a correction 40 officer when such correction officer is acting in the course of such 41 correction officer's employment, rape in the third degree is a class D 42 felony. 43 § 4. Section 130.30 of the penal law, as amended by chapter 777 of the 44 laws of 2023, is amended to read as follows: 45 § 130.30 Rape in the second degree. 46 A person is guilty of rape in the second degree when: 47 1. being eighteen years old or more, [he or she] such person engages 48 in vaginal sexual contact with another person less than fifteen years 49 old; 50 2. being eighteen years old or more, [he or she] such person engages 51 in oral sexual contact with another person less than fifteen years old; 52 3. being eighteen years old or more, [he or she] such person engages 53 in anal sexual contact with another person less than fifteen years old; 54 4. [he or she] such person engages in vaginal sexual contact with 55 another person who is incapable of consent by reason of being mentally 56 disabled or mentally incapacitated;
S. 3517 3 1 5. [he or she] such person engages in oral sexual contact with another 2 person who is incapable of consent by reason of being mentally disabled 3 or mentally incapacitated; or 4 6. [he or she] such person engages in anal sexual contact with another 5 person who is incapable of consent by reason of being mentally disabled 6 or mentally incapacitated. 7 It shall be an affirmative defense to the crime of rape in the second 8 degree as defined in subdivisions one, two and three of this section 9 that the defendant was less than four years older than the victim at the 10 time of the act. 11 Rape in the second degree is a class D felony, provided, however, that 12 when a person is guilty of rape in the second degree against a 13 correction officer when such correction officer is acting in the course 14 of such correction officer's employment, rape in the second degree is a 15 class C felony. 16 § 5. Section 130.35 of the penal law, as amended by chapter 777 of the 17 laws of 2023, is amended to read as follows: 18 § 130.35 Rape in the first degree. 19 A person is guilty of rape in the first degree when: 20 1. [he or she] such person engages in vaginal sexual contact with 21 another person: 22 (a) By forcible compulsion; or 23 (b) Who is incapable of consent by reason of being physically help- 24 less; or 25 (c) Who is less than eleven years old; or 26 (d) Who is less than thirteen years old and the actor is eighteen 27 years old or more; 28 2. [he or she] such person engages in oral sexual contact with another 29 person: 30 (a) By forcible compulsion; or 31 (b) Who is incapable of consent by reason of being physically help- 32 less; or 33 (c) Who is less than eleven years old; or 34 (d) Who is less than thirteen years old and the actor is eighteen 35 years old or more; or 36 3. [he or she] such person engages in anal sexual contact with another 37 person: 38 (a) By forcible compulsion; or 39 (b) Who is incapable of consent by reason of being physically help- 40 less; or 41 (c) Who is less than eleven years old; or 42 (d) Who is less than thirteen years old and the actor is eighteen 43 years old or more. 44 Rape in the first degree is a class B felony, provided, however, that 45 when a person is guilty of rape in the first degree against a correction 46 officer when such correction officer is acting in the course of such 47 correction officer's employment, rape in the first degree is a class 48 A-II felony. 49 § 6. Section 130.53 of the penal law, as amended by chapter 192 of the 50 laws of 2014, is amended to read as follows: 51 § 130.53 Persistent sexual abuse. 52 A person is guilty of persistent sexual abuse when [he or she] such 53 person commits the crime of forcible touching, as defined in section 54 130.52 of this article, sexual abuse in the third degree, as defined in 55 section 130.55 of this article, or sexual abuse in the second degree, as 56 defined in section 130.60 of this article, and, within the previous ten
S. 3517 4 1 year period, excluding any time during which such person was incarcerat- 2 ed for any reason, has been convicted two or more times, in separate 3 criminal transactions for which sentence was imposed on separate occa- 4 sions, of forcible touching, as defined in section 130.52 of this arti- 5 cle, sexual abuse in the third degree, as defined in section 130.55 of 6 this article, sexual abuse in the second degree, as defined in section 7 130.60 of this article, or any offense defined in this article, of which 8 the commission or attempted commission thereof is a felony. 9 Persistent sexual abuse is a class E felony, provided, however, that 10 when a person is guilty of persistent sexual abuse against a correction 11 officer when such correction officer is acting in the course of such 12 correction officer's employment, persistent sexual abuse is a class D 13 felony. 14 § 7. Section 130.55 of the penal law, as amended by chapter 1 of the 15 laws of 2000, is amended to read as follows: 16 § 130.55 Sexual abuse in the third degree. 17 A person is guilty of sexual abuse in the third degree when [he or 18 she] such person subjects another person to sexual contact without the 19 latter's consent; except that in any prosecution under this section, it 20 is an affirmative defense that (a) such other person's lack of consent 21 was due solely to incapacity to consent by reason of being less than 22 seventeen years old, and (b) such other person was more than fourteen 23 years old, and (c) the defendant was less than five years older than 24 such other person. 25 Sexual abuse in the third degree is a class B misdemeanor, provided, 26 however, that when a person is guilty of sexual abuse in the third 27 degree against a correction officer when such correction officer is 28 acting in the course of such correction officer's employment, sexual 29 abuse in the third degree is a class A misdemeanor. 30 § 8. Section 130.60 of the penal law, as amended by chapter 1 of the 31 laws of 2000, is amended to read as follows: 32 § 130.60 Sexual abuse in the second degree. 33 A person is guilty of sexual abuse in the second degree when [he or 34 she] such person subjects another person to sexual contact and when such 35 other person is: 36 1. Incapable of consent by reason of some factor other than being less 37 than seventeen years old; or 38 2. Less than fourteen years old. 39 Sexual abuse in the second degree is a class A misdemeanor, provided, 40 however, that when a person is guilty of sexual abuse in the second 41 degree against a correction officer when such correction officer is 42 acting in the course of such correction officer's employment, sexual 43 abuse in the second degree is a class E felony. 44 § 9. Section 130.65 of the penal law, as amended by chapter 26 of the 45 laws of 2011, is amended to read as follows: 46 § 130.65 Sexual abuse in the first degree. 47 A person is guilty of sexual abuse in the first degree when [he or 48 she] such person subjects another person to sexual contact: 49 1. By forcible compulsion; or 50 2. When the other person is incapable of consent by reason of being 51 physically helpless; or 52 3. When the other person is less than eleven years old; or 53 4. When the other person is less than thirteen years old and the actor 54 is twenty-one years old or older. 55 Sexual abuse in the first degree is a class D felony, provided, howev- 56 er, that when a person is guilty of sexual abuse in the first degree
S. 3517 5 1 against a correction officer when such correction officer is acting in 2 the course of such correction officer's employment, sexual abuse in the 3 first degree is a class C felony. 4 § 10. Section 130.65-a of the penal law, as added by chapter 1 of the 5 laws of 2000, subdivision 1 as amended by chapter 485 of the laws of 6 2009, is amended to read as follows: 7 § 130.65-a Aggravated sexual abuse in the fourth degree. 8 1. A person is guilty of aggravated sexual abuse in the fourth degree 9 when: 10 (a) [He or she] Such person inserts a foreign object in the vagina, 11 urethra, penis, rectum or anus of another person and the other person is 12 incapable of consent by reason of some factor other than being less than 13 seventeen years old; or 14 (b) [He or she] Such person inserts a finger in the vagina, urethra, 15 penis, rectum or anus of another person causing physical injury to such 16 other person and such other person is incapable of consent by reason of 17 some factor other than being less than seventeen years old. 18 2. Conduct performed for a valid medical purpose does not violate the 19 provisions of this section. 20 Aggravated sexual abuse in the fourth degree is a class E felony, 21 provided, however, that when a person is guilty of aggravated sexual 22 abuse in the fourth degree against a correction officer when such 23 correction officer is acting in the course of such correction officer's 24 employment, aggravated sexual abuse in the fourth degree is a class D 25 felony. 26 § 11. Section 130.66 of the penal law, as added by chapter 181 of the 27 laws of 1996, subdivision 1 as amended by chapter 647 of the laws of 28 2022, subdivision 2 as amended by chapter 485 of the laws of 2009, and 29 subdivision 3 as renumbered by chapter 1 of the laws of 2000, is amended 30 to read as follows: 31 § 130.66 Aggravated sexual abuse in the third degree. 32 1. A person is guilty of aggravated sexual abuse in the third degree 33 when [he or she] such person inserts a foreign object or a finger in the 34 vagina, urethra, penis, rectum or anus of another person: 35 (a) By forcible compulsion; [or] 36 (b) When the other person is incapable of consent by reason of being 37 physically helpless; 38 (c) When the other person is less than eleven years old; or 39 (d) When the other person is less than thirteen years old and the 40 actor is eighteen years of age or older. 41 2. A person is guilty of aggravated sexual abuse in the third degree 42 when [he or she] such person inserts a foreign object in the vagina, 43 urethra, penis, rectum or anus of another person causing physical injury 44 to such other person and such other person is incapable of consent by 45 reason of being mentally disabled or mentally incapacitated. 46 3. Conduct performed for a valid medical purpose does not violate the 47 provisions of this section. 48 Aggravated sexual abuse in the third degree is a class D felony, 49 provided, however, that when a person is guilty of aggravated sexual 50 abuse in the third degree against a correction officer when such 51 correction officer is acting in the course of such correction officer's 52 employment, aggravated sexual abuse in the third degree is a class C 53 felony. 54 § 12. Section 130.67 of the penal law, as added by chapter 450 of the 55 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 56 ter 485 of the laws of 2009, is amended to read as follows:
S. 3517 6 1 § 130.67 Aggravated sexual abuse in the second degree. 2 1. A person is guilty of aggravated sexual abuse in the second degree 3 when [he or she] such person inserts a finger in the vagina, urethra, 4 penis, rectum or anus of another person causing physical injury to such 5 other person: 6 (a) By forcible compulsion; or 7 (b) When the other person is incapable of consent by reason of being 8 physically helpless; or 9 (c) When the other person is less than eleven years old. 10 2. Conduct performed for a valid medical purpose does not violate the 11 provisions of this section. 12 Aggravated sexual abuse in the second degree is a class C felony, 13 provided, however, that when a person is guilty of aggravated sexual 14 abuse in the second degree against a correction officer when such 15 correction officer is acting in the course of such correction officer's 16 employment, aggravated sexual abuse in the second degree is a class B 17 felony. 18 § 13. Section 130.70 of the penal law, as amended by chapter 450 of 19 the laws of 1988, the opening paragraph of subdivision 1 as amended by 20 chapter 485 of the laws of 2009, is amended to read as follows: 21 § 130.70 Aggravated sexual abuse in the first degree. 22 1. A person is guilty of aggravated sexual abuse in the first degree 23 when [he or she] such person inserts a foreign object in the vagina, 24 urethra, penis, rectum or anus of another person causing physical injury 25 to such other person: 26 (a) By forcible compulsion; or 27 (b) When the other person is incapable of consent by reason of being 28 physically helpless; or 29 (c) When the other person is less than eleven years old. 30 2. Conduct performed for a valid medical purpose does not violate the 31 provisions of this section. 32 Aggravated sexual abuse in the first degree is a class B felony, 33 provided, however, that when a person is guilty of aggravated sexual 34 abuse in the first degree against a correction officer when such 35 correction officer is acting in the course of such correction officer's 36 employment, aggravated sexual abuse in the first degree is a class A-II 37 felony. 38 § 14. Section 130.85 of the penal law, as added by chapter 618 of the 39 laws of 1997, is amended to read as follows: 40 § 130.85 Female genital mutilation. 41 1. A person is guilty of female genital mutilation when: 42 (a) a person knowingly circumcises, excises, or infibulates the whole 43 or any part of the labia majora or labia minora or clitoris of another 44 person who has not reached eighteen years of age; or 45 (b) being a parent, guardian or other person legally responsible and 46 charged with the care or custody of a child less than eighteen years 47 old, [he or she] such person knowingly consents to the circumcision, 48 excision or infibulation of whole or part of such child's labia majora 49 or labia minora or clitoris. 50 2. Such circumcision, excision, or infibulation is not a violation of 51 this section if such act is: 52 (a) necessary to the health of the person on whom it is performed, and 53 is performed by a person licensed in the place of its performance as a 54 medical practitioner; or 55 (b) performed on a person in labor or who has just given birth and is 56 performed for medical purposes connected with that labor or birth by a
S. 3517 7 1 person licensed in the place it is performed as a medical practitioner, 2 midwife, or person in training to become such a practitioner or midwife. 3 3. For the purposes of paragraph (a) of subdivision two of this 4 section, no account shall be taken of the effect on the person on whom 5 such procedure is to be performed of any belief on the part of that or 6 any other person that such procedure is required as a matter of custom 7 or ritual. 8 Female genital mutilation is a class E felony, provided, however, that 9 when a person is guilty of female genital mutilation against a 10 correction officer when such correction officer is acting in the course 11 of such correction officer's employment, female genital mutilation is a 12 class D felony. 13 § 15. Section 130.90 of the penal law, as added by chapter 1 of the 14 laws of 2000, subdivisions 1 and 2 as amended by chapter 264 of the laws 15 of 2003, is amended to read as follows: 16 § 130.90 Facilitating a sex offense with a controlled substance. 17 A person is guilty of facilitating a sex offense with a controlled 18 substance when [he or she] such person: 19 1. knowingly and unlawfully possesses a controlled substance or any 20 preparation, compound, mixture or substance that requires a prescription 21 to obtain and administers such substance or preparation, compound, 22 mixture or substance that requires a prescription to obtain to another 23 person without such person's consent and with intent to commit against 24 such person conduct constituting a felony defined in this article; and 25 2. commits or attempts to commit such conduct constituting a felony 26 defined in this article. 27 Facilitating a sex offense with a controlled substance is a class D 28 felony, provided, however, that when a person is guilty of facilitating 29 a sex offense with a controlled substance against a correction officer 30 when such correction officer is acting in the course of such correction 31 officer's employment, facilitating a sex offense with a controlled 32 substance is a class C felony. 33 § 16. Section 130.95 of the penal law, as added by chapter 107 of the 34 laws of 2006, the opening paragraph and subdivision 2 as amended by 35 chapter 23 of the laws of 2024, is amended to read as follows: 36 § 130.95 Predatory sexual assault. 37 A person is guilty of predatory sexual assault when [he or she] such 38 person commits the crime of rape in the first degree, a crime formerly 39 defined in section 130.50 of this title, the crime of aggravated sexual 40 abuse in the first degree, or course of sexual conduct against a child 41 in the first degree, as defined in this article, and when: 42 1. In the course of the commission of the crime or the immediate 43 flight therefrom, [he or she] such person: 44 (a) Causes serious physical injury to the victim of such crime; or 45 (b) Uses or threatens the immediate use of a dangerous instrument; or 46 2. [He or she] Such person has engaged in conduct constituting the 47 crime of rape in the first degree, a crime formerly defined in section 48 130.50 of this title, the crime of aggravated sexual abuse in the first 49 degree, or course of sexual conduct against a child in the first degree, 50 as defined in this article, against one or more additional persons; or 51 3. [He or she] Such person has previously been subjected to a 52 conviction for a felony defined in this article, incest as defined in 53 section 255.25 of this [chapter] part or use of a child in a sexual 54 performance as defined in section 263.05 of this [chapter] part. 55 Predatory sexual assault is a class A-II felony, provided, however, 56 that when a person is guilty of predatory sexual assault against a
S. 3517 8 1 correction officer when such correction officer is acting in the course 2 of such correction officer's employment, predatory sexual assault is a 3 class A-I felony. 4 § 17. This act shall take effect immediately.