New York 2025-2026 Regular Session

New York Assembly Bill A01650

Introduced
1/10/25  
Refer
1/10/25  

Caption

Relates to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees.

Summary

Bill A01650 seeks to amend the New York Penal Law by removing the requirement that physical injury must be caused for the crimes of aggravated sexual abuse in the third and fourth degrees. This change aims to broaden the definition of these crimes, allowing for prosecution even when no physical injury occurs, provided that the victim is incapable of consent due to various factors, such as mental incapacity or being underage. The bill specifically modifies the language in sections 130.65-a and 130.66 of the Penal Law to reflect these changes.

Impact

If enacted, this bill would significantly alter the legal landscape surrounding aggravated sexual abuse in New York. By eliminating the physical injury requirement, it would enable law enforcement and prosecutors to pursue cases that may have previously been dismissed due to lack of physical evidence. This could lead to an increase in reported cases and convictions for sexual abuse, particularly in situations involving vulnerable populations who may not exhibit physical injuries.

Sentiment

The sentiment surrounding Bill A01650 appears to be supportive among advocates for victims' rights, who argue that the existing law inadequately protects those who cannot consent. However, there may be concerns from some legal experts and defense advocates about the implications of prosecuting cases without the necessity of proving physical injury, potentially leading to debates about due process and the definition of consent.

Contention

Notable points of contention include concerns from legal analysts regarding the potential for misuse of the law and the implications for due process rights. Some lawmakers and advocacy groups may argue that while the intent to protect victims is commendable, the removal of the physical injury requirement could lead to wrongful accusations or convictions. The balance between protecting vulnerable individuals and ensuring fair legal proceedings is likely to be a key topic in discussions about this bill.

Companion Bills

No companion bills found.

Previously Filed As

NY A01802

Relates to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees.

NY A02684

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

NY A05637

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

NY HB41

Crimes and offenses; rape in the first degree, sodomy in the first degree, and sexual torture, penalties further provided for

NY SB17

Crimes and offenses; rape in the first degree, sodomy in the first degree, and sexual torture, penalties further provided for

NY S01933

Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, such defendant intentionally causes the death of such person.

NY A05783

Provides that being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than eighteen years old, such defendant intentionally causes the death of such person.

NY S03578

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.

NY A09129

Requires lifetime post-release supervision for offenders convicted of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, course of sexual conduct against a child in the first and second degrees or sexual abuse in the first degree when the other person is less than eleven years old; prohibits good behavior allowances against a determinate sentence for a person convicted of any such crimes.

NY A09127

Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.

Similar Bills

No similar bills found.