Establishes the crime of aggravated forcible touching by an incarcerated individual as a class E felony.
Summary
This bill creates a new offense in the Penal Law called “aggravated forcible touching by an incarcerated individual.” It applies when an incarcerated individual or detainee intentionally and without a legitimate purpose forcibly touches the sexual or other intimate parts of certain facility personnel, including employees of correctional facilities, the Board of Parole, the Office of Mental Health, probation departments, and police officers, for the purpose of degrading or abusing the person or gratifying sexual desire. The bill also extends the offense to juveniles in secure facilities operated by the Office of Children and Family Services, using the term “respondent” for that group.
The proposed offense is classified as a class E felony and would take effect immediately upon enactment. The bill defines “incarcerated individual,” “respondent,” and “facility” broadly to cover correctional facilities, local correctional facilities, certain hospitals, and secure juvenile facilities, thereby expanding criminal liability for conduct occurring in custodial settings.
Impact
The bill would amend the New York Penal Law by adding a new section 130.52-a, creating a distinct felony offense for forcible sexual touching committed by incarcerated individuals or juvenile respondents against specified staff in custodial institutions. It would give prosecutors an additional charge beyond existing assault, harassment, or sexual offense provisions when the conduct occurs in correctional, hospital, or juvenile secure-facility settings. The measure primarily affects incarcerated people, detainees, and juveniles in secure custody, as well as employees and officers working in those facilities.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so no formal debate or recorded sentiment is available. Based on the bill text alone, the measure appears to reflect a punitive and protective approach aimed at safeguarding facility staff from sexualized misconduct in custodial environments. The absence of opposition or support data means the overall legislative sentiment cannot be measured from the available record.
Contention
No specific points of contention are documented in the provided transcripts or voting history. Potential areas of debate, based on the bill’s structure, could include whether existing criminal laws already cover the conduct, whether the new felony is necessary, and how broadly the definitions of “incarcerated individual,” “respondent,” and “facility” should reach. Any concerns would likely center on balancing staff protection with the scope of criminal penalties in correctional and juvenile settings.