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S 9616

Relates to removing the ten year time period from the crime of persistent sexual abuse

2025 Regular Session Introduced by Robert Jackson and 3 co-sponsors

The bill removes the ten-year look-back limit for prior qualifying offenses in persistent sexual abuse, potentially increasing convictions by counting offenses outside the previous

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Bill Summary · S 9616

Overview

  • Bill: S 9616 (New York)
  • Session: 2025-2026
  • Jurisdiction: New York
  • Introduced by: Sens. C. Ryan, Jackson, Murray, Webb (co-sponsors: Jackson, Ryan, Murray, Webb)
  • Committee: Codes
  • Status: Referred to Codes; scheduled for consideration in 2026
  • Effective date: November 1 of the year after enactment

Purpose and intent

The bill updates the statute governing persistent sexual abuse by removing a ten-year time period that previously limited when prior qualifying offenses could be considered for a persistent sexual abuse conviction. The change aims to broaden the window of prior offenses that can trigger a persistent sexual abuse finding, thereby potentially increasing the ability to prosecute repeat offenses.

Key provisions

  • Amends Penal Law § 130.53 (Persistent sexual abuse).
  • Current framework (as amended by ch. 192 of 2014) required that, for a person to be guilty of persistent sexual abuse, there must be two or more prior convictions within the previous ten-year period for:
    • Forcible touching (Penal Law § 130.52)
    • Sexual abuse in the third degree (Penal Law § 130.55)
    • Sexual abuse in the second degree (Penal Law § 130.60)
    • Or any offense defined in this article where the commission or attempted commission is a felony
  • The provision to exclude time during which the offender was incarcerated (for any reason) within the ten-year window would be removed.
  • Result: Persistent sexual abuse remains a Class E felony, but the time-based limitation on prior offenses is eliminated.

Who/what is affected

  • Defendants charged with persistent sexual abuse.
  • Individuals with prior qualifying offenses who may now be eligible for a persistent sexual abuse conviction even if some prior sentences occurred outside the previous ten-year window (including time spent incarcerated is no longer excluded from the window).
  • The broader pool of prior offenses that can be counted toward a persistent sexual abuse conviction.

Procedural and timeline aspects

  • Enactment timeline: If enacted, the law would take effect on November 1 of the year following enactment.
  • Pending steps: The bill advances through the Senate (Codes) and would require passage by the Assembly and signature by the Governor to become law.

Notes for context

  • Persistent sexual abuse as a legal concept involves multiple prior offenses, each of which qualifies as a felony-level sexual offense, with the pattern of behavior indicating persistent predatory conduct.
  • The change is focused on sentencing eligibility and the ability to charge and convict under the persistent sexual abuse framework by removing the ten-year look-back restriction.

If you’d like, I can add a brief comparison with the current law as it stood prior to this bill or provide a side-by-side impacts analysis for prosecutors, defense counsel, and policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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