New York S 3517: Establishes the crime of forcible touching of a correction officer and increases criminal penalties for certain sexual offenses committed against correction officers

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S03517 Summary:

BILL NOS03517 

&nbsp

SAME ASSAME AS A01742

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRADDABBO

&nbsp

MLTSPNSR

&nbsp

Amd Pen L, generally

&nbsp

Establishes the crime of forcible touching of a correction officer; increases criminal penalties for certain sexual offenses committed against correction officers when such correction officer is acting in the course of such correction officer's employment.

Go to top S03517 Actions:

BILL NOS03517 

&nbsp

01/28/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03517 Committee&nbspVotes:

Go to topS03517 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03517 Text:

 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 pers