Assembly Bill A4966

2011-2012 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 - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4966 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add ยง130.36, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A3921

2011-A4966 (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.

2011-A4966 (ACTIVE) - Bill Text download pdf 

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

                                  4966

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. MAYERSOHN, GALEF, DINOWITZ, HOOPER -- Multi-Spon-
  sored  by -- M. of A.  MAGEE, McDONOUGH, ORTIZ, PAULIN, PHEFFER, SWEE-
  NEY, 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.
                                                           LBD08651-01-1

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