BILL NUMBER: S3450
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the penal law, in relation to sexual assault against a
child by a person in a position of trust
 
PURPOSE:
To increase criminal penalties for sexual contact between a minor and a
person in a position of trust.
 
SUMMARY OF PROVISIONS:
Article 130 of the NYS Penal Law is amended to add three new crimes in
relation to sexual assault of a child by a person in a position of
trust. These new crimes are sexual assault against a child by a person
in a position of trust in the first, second and third degrees. Also
newly defined in Section 130 is "Person in a position of trust."
 
JUSTIFICATION:
Parents are not with their children every moment of every day. It is
just not possible, nor is it a good idea for the parent or the child.
Therefore, it is necessary that children are supervised by other adults
for various periods of time during the child's life. This could start
with a daycare center, a nursery school, school, athletics or group
activities.
These adults are responsible for these children while under their
super-vision. These children should not be subjected to any sexual
contact. If there is any, the adults should be held to a stricter stand-
ard and punished to a greater degree because of the special relation-
ships between the minor and the adult.
If parents entrust their children into the care of another adult, the
parents should be able to have a sense of security that their child will
not be subject to any sexual contact while under that other adult's
supervision.
Currently, there are prohibitions against sexual contact with a minor,
but the law does not presently increase the penalties with regard to a
person in a position of trust.
 
LEGISLATIVE HISTORY:
2023-2024: S.2548 referred to Codes
2021-2022: S.2617 referred to Codes
2019-2020: S.171 referred to Codes/A.5657 referred to Codes
2018: S.5689 referred to Codes/A.6344 referred to Codes
2017: S.5689 passed Senate/A.6344 referred to Codes
2016: S.6680 passed Senate/A.2476 referred to Codes
2015: A.2476 referred to Codes
2014: S.4791 referred to Codes/A.6102 referred to Codes
2013: S.4791 passed Senate/A.6102 referred to Codes
2011-2012: S.1541-A passed Senate
2009-2010: S.1481 referred to Codes
2007-2008: S.432-A passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding.

Statutes affected:
S3450: 130.00 penal law