S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8361
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to establishing  the  offense
         of aggravated assault upon a person less than ten years old
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and  may  be  cited  as  "Luisito's
    2  law".
    3    S 2. The penal law is amended by adding a new section 120.12-a to read
    4  as follows:
    5  S 120.12-A AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD.
    6    A  PERSON  IS GUILTY OF AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN
    7  YEARS OLD WHEN BEING EIGHTEEN YEARS OLD OR MORE  THE  DEFENDANT  COMMITS
    8  THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF
    9  THIS  ARTICLE,  BY  MEANS  OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT,
   10  UPON A PERSON LESS THAN TEN YEARS OLD.
   11    AGGRAVATED ASSAULT UPON A PERSON LESS THAN TEN YEARS OLD IS A CLASS  B
   12  FELONY.
   13    S 3. This act shall take effect on the first of November next succeed-
   14  ing the date upon which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13284-03-3