S T A T E O F N E W Y O R K
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2544
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to incest
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 255.25 of the penal law, as amended by chapter 320
of the laws of 2006, is amended to read as follows:
S 255.25 Incest in the [third] FOURTH degree.
A person is guilty of incest in the [third] FOURTH degree when he or
she marries or engages in sexual intercourse, oral sexual conduct or
anal sexual conduct with a person SEVENTEEN YEARS OF AGE OR OLDER whom
he or she knows to be related to him or her, whether through marriage or
not, as an ancestor, descendant, brother or sister of either the whole
or the half blood, uncle, aunt, nephew or niece.
Incest in the [third] FOURTH degree is a class E felony.
S 2. The penal law is amended by adding a new section 255.24 to read
as follows:
S 255.24 INCEST IN THE THIRD DEGREE.
A PERSON IS GUILTY OF INCEST IN THE THIRD DEGREE WHEN HE OR SHE
MARRIES OR ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, OR ANAL
SEXUAL CONDUCT WITH A PERSON LESS THAN SEVENTEEN YEARS OF AGE WHOM HE OR
SHE KNOWS TO BE RELATED TO HIM OR HER, EITHER IN OR OUT OF WEDLOCK, AS
AN ANCESTOR, DESCENDANT, BROTHER OR SISTER OF EITHER THE WHOLE OR THE
HALF BLOOD, UNCLE, AUNT, NEPHEW, OR NIECE.
INCEST IN THE THIRD DEGREE IS A CLASS B FELONY.
S 3. This act shall take effect on the first of November next succeed-
ing 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.
LBD07200-01-1