A 5170: Establishes the crime of sexual abuse against a patient or client by a health care provider in the first and second degree; designates such crimes as being class B and E felonies, respectively.

  
  STATE OF NEW YORK ________________________________________________________________________ 5170 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to establishing the crime of sexual abuse against a patient or client by a health care provider in the first and second degree 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 two new sections 130.83 2 and 130.84 to read as follows: 3 § 130.83 Sexual abuse against a patient or client by a health care 4 provider in the second degree. 5 1. A person is guilty of sexual abuse against a patient or client by 6 a health care provider in the second degree when: 7 (a) such person is, or holds themself out to be, a health care provid- 8 er or mental health care provider; and 9 (b) engages in sexual contact with a patient or client during the 10 course of diagnosis, counseling, or treatment; and 11 (c) consent to such sexual contact was procured by a false represen- 12 tation that such contact was for a bona fide medical purpose. 13 2. Conduct performed for a valid medical purpose does not violate the 14 provisions of this section. 15 Sexual abuse against a patient or client by a health care provider in 16 the second degree is a class E felony. 17 § 130.84 Sexual abuse against a patient or client by a health care 18 provider in the first degree. 19 1. A person is guilty of sexual abuse against a patient or client by a 20 health care provider in the first degree when: 21 (a) such person is, or holds themself out to be, a health care provid- 22 er or mental health care provider; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09219-01-5 
 A. 5170 2 1 (b) knowingly induces a patient or client to engage in sexual inter- 2 course, oral sexual conduct, or anal sexual conduct during the course of 3 diagnosis, counseling, or treatment; and 4 (c) consent to such sexual intercourse, oral sexual conduct, or anal 5 sexual conduct was procured by a false representation that such act was 6 for a bona fide medical purpose. 7 2. Conduct performed for a valid medical purpose does not violate the 8 provisions of this section. 9 Sexual abuse against a patient or client by a health care provider in 10 the first degree is a class B felony. 11 § 2. This act shall take effect immediately.