Res. No. 125

Resolution in support of S.2456/A.4057, which would amend the New York State Penal Law by establishing the offense of forcible touching against a child.

By Council Members Vallone and Brannan

      Whereas, Currently, New York State Penal Law ("Penal Law") Section 130.52 is used to prosecute individuals who intentionally and for no legitimate purpose forcibly touch the sexual or intimate parts of a person to degrade or abuse their victim or to gratify themselves; and

      Whereas, Violation of Section 130.52 is a class A misdemeanor penalty, which may include up to one year in jail; and

      Whereas, Currently there is no Penal Law section that specifically addresses the crime of forcible touching of a child less than thirteen years of age; and 

      Whereas, Improperly touching any individual is egregious and unacceptable, the  legislation recognizes the particularly heinous nature of sex crimes committed against children and seeks to protect children from sexual predators; and      

      Whereas, S.3126, introduced by New York State Senator Michael Gianaris, and companion bill A.4057, introduced by New York State Assembly Member Aravella Simotas, would amend the Penal Law by establishing the offense of forcible touching against a child; and

      Whereas, S.3126/A.4057 would establish the crime of forcible touching of a child less than thirteen years of age as a class E felony; and

      Whereas, An individual convicted of engaging in forcible touching, including squeezing, grabbing or pinching of child less than thirteen years of age would be subject to up to four years in prison: and

      Whereas, All individuals, especially children, must be protected from sex predators to the fullest extent; now, therefore, be it

Resolved, That the Council of the City of New York supports S.2456/A.4057, which would amend the New York State Penal Law by establishing the offense of forcible touching against a child.

WJH

LS 2961/ Res. No. 580-2015

1/4/18

LS 1054