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Senate Bill S2309

2011-2012 Legislative Session

Establishes crime of aggravated rape

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S2309 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง130.36, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S168

2011-S2309 (ACTIVE) - Summary

Creates the offense of aggravated rape when a person engages in sexual intercourse or deviate sexual intercourse by forcible compulsion and such intercourse results in serious physical injury or is committed by a person who agrees with another to cause the performance of the same or is committed during the commission of an assault, homicide, other sex offenses, kidnapping or related offenses.

2011-S2309 (ACTIVE) - Sponsor Memo

2011-S2309 (ACTIVE) - Bill Text download pdf 

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

                                  2309

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to 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 HE OR SHE ENGAGES IN SEXUAL
INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE WITH ANOTHER PERSON:
  1. BY FORCIBLE COMPULSION; AND
  2. SUCH SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE:
  (A) RESULTS IN OR IS COMMITTED WITH ACTS RESULTING IN SERIOUS PHYSICAL
INJURY, OR
  (B) IS COMMITTED BY A PERSON WHO AGREES WITH ONE OR  MORE  PERSONS  TO
ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH SEXUAL INTERCOURSE OR DEVIATE
SEXUAL INTERCOURSE, OR
  (C)  IS  COMMITTED DURING THE COMMISSION OR ATTEMPTED COMMISSION OF AN
OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY (EXCEPT AN OFFENSE DEFINED
IN EITHER SECTION 120.00 OR 120.15 OF SUCH ARTICLE), ONE  HUNDRED  TWEN-
TY-FIVE,  (EXCEPT  AN OFFENSE DEFINED IN EITHER SECTION 125.50 OR 125.55
OF SUCH ARTICLE) ONE HUNDRED THIRTY-FIVE OR ONE HUNDRED  SIXTY  OF  THIS
CHAPTER.
  AGGRAVATED RAPE IS A CLASS A-II FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the year in which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07450-01-1

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