S 5531: Establishes the crime of aggravated forcible touching by an incarcerated individual as a class E felony.

  
  STATE OF NEW YORK ________________________________________________________________________ 5531 2025-2026 Regular Sessions  IN SENATE February 24, 2025 ___________ Introduced by Sen. HELMING -- 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 aggravated forcible touching 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. The penal law is amended by adding a new section 130.52-a 2 to read as follows: 3 § 130.52-a Aggravated forcible touching by an incarcerated individual. 4 1. An incarcerated individual or respondent is guilty of aggravated 5 forcible touching by an incarcerated individual when such incarcerated 6 individual intentionally and for no legitimate purpose forcibly touches 7 the sexual or other intimate parts of a person whom they know or reason- 8 ably should know to be an employee of a facility, the board of parole, 9 the office of mental health, a probation department, bureau or unit, or 10 a police officer, for the purpose of degrading or abusing such person or 11 for the purpose of gratifying the incarcerated individual's or respond- 12 ent's sexual desire. 13 2. For purposes of this section: 14 (a) "incarcerated individual" means an incarcerated individual or 15 detainee in a correctional facility, local correctional facility or a 16 hospital, as such term is defined in subdivision two of section four 17 hundred of the correction law; 18 (b) "respondent" means a juvenile in a secure facility operated and 19 maintained by the office of children and family services who is placed 20 with or committed to the office of children and family services; and 21 (c) "facility" means a correctional facility or local correctional 22 facility, hospital as such term is defined in subdivision two of section 23 four hundred of the correction law, or a secure facility operated and 24 maintained by the office of children and family services. 25 Aggravated forcible touching by an incarcerated individual is a class 26 E felony. 27 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10047-02-5