Senate Bill S2275

                                BILL NUMBER:S2275

TITLE OF BILL:

An act
to amend the penal law, in relation to excluding child sexual abuse from
the definition of the crime of incest

PURPOSE:

This bill defines the crime of incest to exclude child sexual abuse.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the first undesignated paragraph of
section 255.25 of the
penal law. Current law provides that a person is guilty of incest
when "a person" engages in sexual intercourse with someone
whom is closely related to them. This section deletes "a person" and
replaces it with "an adult."

Section 2 enacts this bill on the first of November next succeeding
the date on which it shall become law.

JUSTIFICATION:

              

Currently, sex with a child under eleven is a Class B felony,
punishable by up to twenty-five years in prison. However, if the
sexually abused child is closely related to the perpetrator, the
prosecutor has an option of charging that adult with a lesser charge
of incest. Incest is a Class E felony which carries a maximum of four
years in prison and a minimum of probation. In other words this
loophole may allow adults to engage in sexual relations with children
without fear of incarceration. It is defined as an "offense affecting
the marital relationship" and not as a sex offense.

By changing the word "person" to "adult," this bill would close the
"incest loophole" because the the word "person" implies any
individual, including children. "Adult" excludes sexual relations
with children from the definition of incest altogether. Thus a
perpetrator could only be prosecuted using New York's child sex
offense laws. This bill ensures that all children who are victims of
rape by their own parent or close relative would have equal access to
protection under New York State law.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall become law.