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Senate Bill S6877

2011-2012 Legislative Session

Relates to the offenses of rape in the first, second and third degrees

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S6877 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง130.00, 130.25, 130.30 & 130.35, Pen L

2011-S6877 (ACTIVE) - Summary

Relates to the offenses of rape in the first, second and third degrees.

2011-S6877 (ACTIVE) - Sponsor Memo

2011-S6877 (ACTIVE) - Bill Text download pdf 

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

                                  6877

                            I N  S E N A T E

                              April 2, 2012
                               ___________

Introduced by Sens. YOUNG, GOLDEN -- 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 the offenses of rape in
  the first, second and third degrees

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

  Section 1.  Section 130.00 of the penal law is amended by adding a new
subdivision 14 to read as follows:
  14.  "CRIMINAL  SEXUAL  CONDUCT" MEANS SEXUAL INTERCOURSE, ORAL SEXUAL
CONDUCT, ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT.
  S 2. Subdivisions 1, 2 and 3 of  section  130.25  of  the  penal  law,
subdivisions  1 and 2 as amended and subdivision 3 as added by chapter 1
of the laws of 2000, are amended to read as follows:
  1. He or she engages in CRIMINAL  sexual  [intercourse]  CONDUCT  with
another  person  who  is  incapable  of consent by reason of some factor
other than being less than seventeen years old;
  2. Being twenty-one years old or more, he or she engages  in  CRIMINAL
sexual  [intercourse]  CONDUCT  with  another person less than seventeen
years old; or
  3. He or she engages in CRIMINAL  sexual  [intercourse]  CONDUCT  with
another  person without such person's consent where such lack of consent
is by reason of some factor other than incapacity to consent.
  S 3. Subdivisions 1 and 2 of section 130.30 of the penal law, subdivi-
sion 1 as amended and subdivision 2 as added by chapter 1 of the laws of
2000, are amended to read as follows:
  1. being eighteen years old or more, he or  she  engages  in  CRIMINAL
sexual [intercourse] CONDUCT with another person less than fifteen years
old; or
  2.  he  or  she  engages in CRIMINAL sexual [intercourse] CONDUCT with
another person who is incapable of consent by reason of  being  mentally
disabled or mentally incapacitated.
  S  4.  The  opening  paragraph  of section 130.35 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15244-02-2

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