New York City Council Header
File #: Res 1157-2011    Version: * Name: Creating the felony crime of forcible touching against a child. (S.5876-A/A.8558-A)
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 12/8/2011
Enactment date: Law number:
Title: Resolution in support of S.5876-A/A.8558-A, which would amend the Penal Law by creating the felony crime of forcible touching against a child.
Sponsors: Peter F. Vallone, Jr., Fernando Cabrera , Julissa Ferreras-Copeland, Lewis A. Fidler, Letitia James, G. Oliver Koppell, Michael C. Nelson, Domenic M. Recchia, Jr., Daniel J. Halloran III
Council Member Sponsors: 9
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Peter F. Vallone, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
12/8/2011*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available
12/8/2011*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No. 1157
 
 
Resolution in support of S.5876-A/A.8558-A, which would amend the Penal Law by creating the felony crime of forcible touching against a child.
 
 
By Council Members Vallone, Cabrera, Ferreras, Fidler, James, Koppell, Nelson, Recchia, and Halloran
 
Whereas, On August 9, 2011, while visiting her local library in Astoria, Queens, a seven year-old girl was approached by a man who allegedly proceeded  to grab her feet, sniff them,  rub them against his beard, and kiss them; and
      Whereas, The man left the scene while the girl ran to look for her mother; and
Whereas, Such incident highlights just how vulnerable children can be; and
Whereas, Children must be protected from sex predators; and
       Whereas, Under the current law, an individual who forcibly touches a child may be charged with the crime of forcible touching, an A misdemeanor, which results in a fine not to exceed $1,000 and the possibility of up to one year in jail; and
      Whereas, Unlike the crime of forcible touching, other sections of the Penal Law consider a  child victim to be an aggravating factor and therefore punish those who harm children more severely; and
      Whereas, In order to increase the penalties for anyone who forcibly touches a child, S.5876-A/A.8558.A, introduced by Senator Michael Gianaris and Assembly Member Aravella Simotas, respectively, would amend the Penal Law by creating the felony crime of forcible touching against a child; and
Whereas, Forcible touching against a child, a class E felony, would occur when an individual, intentionally and for no legitimate purposes, forcibly touches the sexual or other intimate parts of a child who is less than thirteen years old, for the purposes of degrading or abusing such child, or for sexual gratification; or when an individual intentionally and forcibly touches any part of a child less than 13 years old for sexual gratification purposes; and
Whereas, S.5876-A/A.8558-A would define forcible touching as including, but not limited to, squeezing, grabbing or pinching; and
Whereas, The penalty for a class E felony is a maximum prison term of 4 years; and
Whereas, New York State should protect its children to the fullest extent possible by increasing the penalties against those who forcibly touch them; now, therefore, be it
Resolved, That the Council of the City of New York supports S.5876-A/A.8558-A, which would amend the Penal Law by creating the felony crime of forcible touching against a child.
 
SA
11/3/11
LS# 2812