A07865 Summary:

Add §240.33, Pen L
Establishes the crime of sexual harassment; makes such crime a class A misdemeanor.
Go to top    

A07865 Actions:

07/07/2023referred to codes
01/03/2024referred to codes
Go to top

A07865 Committee Votes:

Go to top

A07865 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A07865 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of sexual harassment   PURPOSE: To strengthen protections for victims of sexually-motivated physical violence.   SUMMARY OF PROVISIONS: Section 1 adds a new section 240.33 to the penal law to provide that a person is guilty of the class A misdemeanor of sexual harassment if, for the purpose of sexual arousal or gratification, and without consent, they slap, strike, shove or kick another person, or subject another person to physical contact or attempts or threatens physical contact. Section 2 sets the effective date.   JUSTIFICATION: The recent investigation of abuse allegations against former Attorney General Eric Schneiderman highlighted deficits in our laws that preclude criminal charges in many cases of non-consensual, sexually-motivated violence. It is critical that the legislature acts to fix these short- comings in order to remove barriers to justice for victims and prevent future perpetrators from evading consequences. Under current state law, the act of slapping, striking, or kicking an individual without their consent can only be charged if the perpetrator's intent was to "alarm, harass, or annoy" or there is sufficient proof that the victim suffered a physical injury. Establishing a new misdemeanor offense for acts of violence committed for the purpose of sexual arousal or gratification will provide prosecu- tors with an important new tool to hold domestic abusers accountable for their conduct. This legislation is a crucial step towards ensuring our laws protect all victims of intimate partner violence and recognize the lasting harm these acts of abuse cause.   LEGISLATIVE HISTORY: 2021-2022: A2200 (Niou) -referred to codes 2019-2020: A7382A(Niou) S2874A(Biaggi) - referred to codes / advanced to third reading   FISCAL IMPLICATIONS: none   EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.
Go to top

A07865 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                      July 7, 2023
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          sexual harassment
          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 240.33  to
     2  read as follows:
     3  § 240.33 Sexual harassment.
     4    A  person  is  guilty  of  sexual harassment when, with the purpose of
     5  sexual arousal or gratification, and without consent, he or  she  slaps,
     6  strikes,  shoves  or  kicks  another  person, or otherwise subjects such
     7  other person to physical contact, or attempts, or threatens  to  do  the
     8  same.
     9    Sexual harassment is a class A misdemeanor.
    10    § 2. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
Go to top