June 25, 2015

Touching Someone Inappropriately on Subway or Bus to Come With One Year Jail Sentence for New Yorkers

6-25-15 New York:

Miscellaneous "sexual contact" goes from Class B to Class A misdemeanor when it takes place on train or bus.

Last week, the New York state legislature passed a bill enhancing the penalties for inappropriate touching "on a bus, train, or subway car." Under the new rule, which has not yet been signed by Gov. Andrew Cuomo, anyone convicted may be fined $1,000 and sentenced to one year in jail or three years of probation.

Currently, "forcible touching"—which includes "squeezing, grabbing or pinching" someone's "sexual or other intimate parts"—is a class A misdemeanor sex offense while "sexual abuse in the third degree," defined as any "sexual contact without [another person's] consent," is a class B misdemeanor. As such, third-degree sexual abuse carries a maximum penalty of three months in jail and a $500 fine.

The new legislation raises miscellaneous "sexual contact"—defined as the "touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party [including] the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing"— from a Class B to a Class A misdemeanor when it takes place on (public or private) buses and trains. "New Yorkers use public transit each and every day to get where they need to go," said bill sponsor Aravella Simota (D-Queens), "and no one should be afraid of being inappropriately touched or groped against their will when they get on the bus, train or subway." ..Continued.. by Elizabeth Nolan Brown

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