Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent when an individual communicates such individual's intent to engage in sexual conduct with the victim, and engages in certain acts which would tend to further effect the commission of such sexual conduct; designates such attempt as a class C felony, class E felony, or class A misdemeanor; designates individuals convicted of such crime as sex offenders.
Summary
Bill S02343 aims to amend the penal law by introducing a new crime defined as 'attempt to engage in sexual conduct with a person incapable of consent.' This crime is established when an individual communicates their intent to engage in sexual conduct with a victim who is deemed incapable of consent and takes actions that further this intent. The bill categorizes this offense into three classes of felonies and misdemeanors based on the age of the victim and the actor's age, with specific penalties outlined for each classification.
Impact
The introduction of this bill will expand the scope of the penal law in New York by criminalizing the attempt to engage in sexual conduct with individuals who cannot consent. It will create new legal definitions and consequences for such attempts, thereby enhancing the legal framework surrounding sexual offenses and potentially increasing the number of individuals classified as sex offenders under the correction law.
Sentiment
The general sentiment surrounding Bill S02343 appears to be supportive, as it addresses a significant gap in the law regarding attempts to engage in sexual conduct with individuals incapable of consent. However, there may be concerns regarding the implications of broadening the definitions of consent and the potential for increased legal repercussions for individuals accused of such attempts.
Contention
Notable points of contention may arise regarding the definitions of 'incapable of consent' and the classifications of felonies and misdemeanors. Some may argue that the bill could lead to overly harsh penalties for individuals whose actions may not warrant such severe classifications. Additionally, there may be discussions on the effectiveness of the bill in actually preventing sexual offenses compared to existing laws.
Establishes the crimes of sexual conduct with an animal resulting in injury or death and sexual conduct with an animal; makes such crimes a class E felony and class A misdemeanor, respectively.
Establishes the crimes of sexual conduct with an animal resulting in injury or death and sexual conduct with an animal; makes such crimes a class E felony and class A misdemeanor, respectively.
Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.
To Amend The Law Concerning The Offense Of Sexually Grooming A Child; And To Include Bribing Or Attempting To Bribe A Child In The Offense Of Sexually Grooming A Child.
Deems a person who engages in sexual conduct during the period of their probation with his or her supervising probation officer as being incapable of consent.
Deems a person who engages in sexual conduct during the period of their probation with his or her supervising probation officer as being incapable of consent.
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.