A 1650: Relates to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees.

  
  STATE OF NEW YORK ________________________________________________________________________ 1650 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to removing the requirement that physical injury be caused under the crimes of aggravated sexual abuse in the third and fourth degrees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 130.65-a of the 2 penal law, as amended by chapter 485 of the laws of 2009, is amended to 3 read as follows: 4 (b) [He or she] Such person inserts a finger in the vagina, urethra, 5 penis, rectum or anus of another person [causing physical injury to such 6 person] and such person is incapable of consent by reason of some factor 7 other than being less than seventeen years old. 8 § 2. Subdivision 2 of section 130.66 of the penal law, as amended by 9 chapter 485 of the laws of 2009, is amended to read as follows: 10 2. A person is guilty of aggravated sexual abuse in the third degree 11 when [he or she] such person inserts a foreign object in the vagina, 12 urethra, penis, rectum or anus of another person [causing physical inju- 13 ry to such person] and such person is incapable of consent by reason of 14 being mentally disabled or mentally incapacitated. 15 § 3. This act shall take effect on the ninetieth day after it shall 16 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04071-01-5