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Assembly Bill A3921

2009-2010 Legislative Session

Defines felony of aggravated rape when a defendant, knowing he or she is a carrier of HIV, engages in certain sexual intercourse acts

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Archive: Last Bill Status - In Assembly Committee

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2009-A3921 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง130.36, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A4966

2009-A3921 (ACTIVE) - Summary

Creates the crime of aggravated rape when a defendant, knowing he or she is a carrier of HIV, engages in certain sexual intercourse acts; such crime is a class A-II felony.

2009-A3921 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3921

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. MAYERSOHN, GALEF, DINOWITZ, HOOPER -- Multi-Spon-
  sored  by  --  M.  of A.   ALFANO, BACALLES, BARRA, DIAZ, KOON, MAGEE,
  McDONOUGH, ORTIZ, PAULIN, PHEFFER, SWEENEY, WEISENBERG  --  read  once
  and referred to the Committee on Codes

AN  ACT  to  amend the penal law, in relation to the crime of aggravated
  rape

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 130.36 to
read as follows:
S 130.36  AGGRAVATED RAPE.
  A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN, KNOWING HE  OR  SHE  IS  A
CARRIER OF THE HUMAN IMMUNODEFICIENCY VIRUS, HE OR SHE ENGAGES IN SEXUAL
INTERCOURSE WITH ANOTHER PERSON:
  1. BY FORCIBLE COMPULSION; OR
  2.  WHO IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS
OR MENTALLY INCOMPETENT; OR
  3. WHO IS LESS THAN ELEVEN YEARS OLD.
  AGGRAVATED RAPE IS A CLASS A-II FELONY.
  S 2.   This act shall take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04514-01-9

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