Originally Posted - June 23, 2006

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ALBANY-- Jessica's Law, which would impose tougher penalties on those who commit sexual crimes against children, further strengthening New York's sexual assault, has been passed by the state Senate.

The legislation is named for Jessica Lunsford, a nine-year-old-girl who was abducted, sexually assaulted and murdered by a registered sex offender living in her neighborhood in Florida. "Jessica's Law" was first signed in Florida last year.

Assembly Speaker Sheldon Silver praised what he deemed long-awaited Senate action on legislation to impose up to mandatory life maximum sentences for first-time offenders who commit egregious acts of sexual assault. The bill now goes to the governor for his approval.

The legislation provides for up to life sentences for the most heinous sex crimes - those where the perpetrator harmed the victim, threatened the use of a weapon, committed the crime against multiple victims or was previously convicted of a felony sex crime. Adults convicted of serious sex crimes in which the victim is under the age of 13 could spend the rest of their lives in prison, regardless of any other aggravating circumstance.

The bill would create the crime of "Predatory Sexual Assault." Under the bill, Class B felonies of first degree rape, first degree criminal sexual act, first degree aggravated sexual abuse and first degree course of sexual conduct against a child would be elevated to a newly-created crime of Class A-II felony, carrying a prison term of 10 to 25 years to life, where one of the following aggravating factors was present:

The defendant caused serious physical injury to the victim;
The defendant threatened the use of a "dangerous instrument;"
The defendant committed the crime against multiple victims; or
The defendant was previously convicted of a sex felony.

© 2006 North Country Gazette