Senate Bill S332

                                BILL NUMBER:S332

TITLE OF BILL:              REVISED 12/30/11
An act
to amend the penal law, in relation to making incest a class B felony

PURPOSE OR GENERAL IDEA OF BILL:
Changes the designation of incest to a class B felony from a class D
and E felonies, respectively.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the second undesignated paragraph of section 255.25
of the Penal Law.
Designates the crime of incest in the third degree as a class B felony

Section 2. Amends the second undesignated paragraph of section 255.26
of the Penal Law.
Designates the crime of incest in the second degree as a class B felony.

Section 3. Effective Date

EXISTING LAW:
Penal Law, Sections 255.25, incest in
the third degree
and 255.26, incest in the second degree designate such crimes as
class E and D felonies, respectively.
              

JUSTIFICATION:
Penal Law, Sections 255.25, incest in the third degree and 255.26
incest in the second degree, defines those guilty of incest through
the rape of an individual that they know is related to them as class
E and D felonies, respectively. A class E Felony sex offense carries
a sentence not to exceed four years and a class D Felony sex offense
carries sentence not to exceed seven years.
A class B Felony sex offense carries a minimum term of five years, not
to exceed twenty five years.

Incest is an abhorrent act which subverts the loving, trusting, family
member or guardian/child relationship, leads to extreme psychological
damage and could result in an unwanted pregnancy by the family
member. Incest diminishes a child's ability to trust others,
undermines self-esteem, could lead to a greater chance of depression,
and many times leads the abused to becoming abusers themselves.

A non-related adult who rapes a child under the age of eleven commits
the crime of-rape in the first degree which is a class B felony
punishable by at least 5 years and not to exceed 25 years of
imprisonment. Penal Law 130.35 defines rape in the first degree as
sexual intercourse with another person who is less than eleven years
old.

The intent of this amendment to the penal law Section 255.26 would
alter the crime from incest to rape by imposing the sentence of rape
in the first degree which is at least 5 years and not to exceed 25
years of imprisonment. Moreover, this change in designation


eliminates the defendant's possible ability to plead to a lower
offense.

PRIOR LEGISLATIVE HISTORY:
2011:    S.332 - Discharged from Codes, Committed to Crime
         Victims, Crime and Correction/A.709 - Reported to Codes
2009-10: S.2567 - Referred to Codes/A.1324 - Referred to Codes
2007-08: A.3291 - Referred to Codes
2006:    S.6228 - Referred to Codes/A.9189 - Referred to Codes

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.