New York S 3090: Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies

Bill Text

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S03090 Summary:

BILL NOS03090 

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SAME ASSAME AS A02269

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SPONSORORTT

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COSPNSRROLISON

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MLTSPNSR

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Amd §240.32, Pen L

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Relates to aggravated harassment of an employee by an incarcerated individual; eliminates the requirement that an incarcerated individual causes or attempts to cause an employee to come into contact with blood, seminal fluid, urine, feces, saliva, or the contents of a toilet bowl by throwing, tossing or expelling such fluid or material.

Go to top S03090 Actions:

BILL NOS03090 

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01/23/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03090 Committee&nbspVotes:

Go to topS03090 Floor&nbspVotes:

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

Go to topS03090 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3090

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. ORTT -- 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 aggravated harassment of
 an employee by an incarcerated individual

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 240.32 of the penal law, as amended by chapter 322
 2 of the laws of 2021, is amended to read as follows:
 3 § 240.32 Aggravated harassment of an employee by an incarcerated indi-
 4 vidual.
 5 An incarcerated individual or respondent is guilty of aggravated
 6 harassment of an employee by an incarcerated individual when, with
 7 intent to harass, annoy, threaten or alarm a person in a facility whom
 8 [he or she] such person knows or reasonably should know to be an employ-
 9 ee of such facility or the board of parole or the office of mental
 10 health, or a probation department, bureau or unit or a police officer,
 11 [he or she] such person causes or attempts to cause such employee to
 12 come into contact with blood, seminal fluid, urine, feces, saliva, or
 13 the contents of a toilet bowl[, by throwing, tossing or expelling such
 14 fluid or material].
 15 For purposes of this section, "incarcerated individual" means an
 16 incarcerated individual or detainee in a correctional facility, local
 17 correctional facility or a hospital, as such term is defined in subdivi-
 18 sion two of section four hundred of the correction law. For purposes of
 19 this section, "respondent" means a juvenile in a secure facility oper-
 20 ated and maintained by the office of children and family services who is
 21 placed with or committed to the office of children and family services.
 22 For purposes of this section, "facility" means a correctional facility
 23 or local correctional facility, hospital, as such term is defined in
 24 subdivision two of section four hundred of the correction law, or a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01040-01-5

 S. 3090 2

 1 secure facility operated and maintained by the office of children and
 2 family services.
 3 Aggravated harassment of an employee by an incarcerated individual is
 4 a class E felony.
 5 § 2. This act shall take effect immediately.

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