As of Nov. 1 sexual predators statewide will face stiffer prison terms for repeat offenses because of what State Sen. Tim Kennedy, D-Buffalo, calls “a dangerous loophole” in the existing law is eliminated on that date through legislation the senator cosponsored and Gov. Andrew M. Cuomo signed on Friday.
Under the existing law a sexual predator faces prosecution as a persistent sex abuser for committing that crime within ten years of his or her first sex abuse conviction. Kennedy noted that under the existing law the time the abuser spends in custody counts for that ten year period. Under the new law the ten-year period begins upon an abuser’s release from custody, meaning he or she faces prosecution as a persistent sex abuser for any such crime committed within ten years of release from custody.
“This will ensure sexual predators who commit persistent abuse receive strong penalties for their heinous crimes,” Kennedy said.