Modifies the offense of forcible touching by removing the element of the actor's intent, including the intent to degrade or abuse another person.
Summary
Bill A00754 seeks to amend the New York penal law by changing the terminology of 'forcible touching' to 'unwanted touching.' The bill modifies the existing legal definition to remove certain elements related to the actor's intent, specifically the intent to degrade or abuse the victim. The proposed change aims to simplify the legal framework surrounding cases of unwanted physical contact, making it easier to prosecute such offenses without needing to establish the perpetrator's intent to harm or degrade the victim.
Impact
If enacted, this bill would alter the legal landscape regarding sexual offenses in New York by broadening the definition of unwanted touching. The removal of intent as a necessary element for prosecution could lead to an increase in the number of cases brought forward under this statute. It may also affect how law enforcement and the judicial system handle complaints of unwanted physical contact, potentially leading to more convictions for such offenses.
Sentiment
The sentiment surrounding Bill A00754 appears to be mixed, with some advocates supporting the change as a necessary step towards protecting individuals from unwanted physical contact. However, there are concerns among some legislators and legal experts about the implications of removing the intent requirement, which could lead to unintended consequences in the legal process.
Contention
Notable points of contention include the removal of the intent requirement, which some argue could lead to overreach in prosecutions and infringe on personal liberties. Critics of the bill express concern that it may criminalize behavior that is not malicious or intended to harm. Supporters, on the other hand, emphasize the importance of protecting victims of unwanted touching, regardless of the perpetrator's intent.
Repeals provisions relating to aggravated sexual abuse in the fourth degree; expands the definition of aggravated sexual abuse in the third degree to include intentional touching, for no legitimate purpose, of certain sexual or other intimate parts of a person under the age of thirteen for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor's sexual desire.
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Relates to establishing the crime of larceny by cyber extortion which occurs when a person intends to obtain property from another person or entity located in the state of New York through the use of certain malicious software.