Senate Bill S3923

2011-2012 Legislative Session

Increases the penalties for the rape or sexual assault of a child five years of age or less

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2011-S3923 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 70.07, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5052
2013-2014: S2875
2015-2016: S2710
2017-2018: S1857
2019-2020: S2982

2011-S3923 (ACTIVE) - Summary

Relates to the rape of a child; defines sexual assault of a child five years of age or less and increases penalties for such offense.

2011-S3923 (ACTIVE) - Sponsor Memo

2011-S3923 (ACTIVE) - Bill Text download pdf

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

                                  3923

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen.  SMITH  -- 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 increasing  the  penalties
  for the rape or sexual assault of a child

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

  Section 1. Paragraph (a) of subdivision 3  of  section  70.02  of  the
penal  law, as amended by chapter 765 of the laws of 2005, is amended to
read as follows:
  (a) For a class B felony, the term must be at  least  five  years  and
must not exceed twenty-five years, provided, however, that the term must
be:    (i) at least ten years and must not exceed thirty years where the
sentence is for the crime of aggravated assault upon a police officer or
peace officer as defined in section 120.11 of this chapter;  [and]  (ii)
at  least  ten years and must not exceed thirty years where the sentence
is for the crime of aggravated  manslaughter  in  the  first  degree  as
defined in section 125.22 of this chapter; AND (III) AT LEAST TWELVE AND
ONE-HALF  YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS WHERE THE SENTENCE
IS FOR THE CRIME OF RAPE IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION
130.35 OF THIS CHAPTER WHERE THE VICTIM WAS A CHILD FIVE YEARS OF AGE OR
LESS;
  S  2.  Subdivisions  1,  2, 3 and 4 of section 70.07 of the penal law,
subdivisions 1, 2 and 3 as amended by chapter 264 of the laws  of  2003,
subdivision  4  as added by chapter 1 of the laws of 2000 and paragraphs
(a) and (b) of subdivision 4 as amended by chapter 107 of  the  laws  of
2006, are amended and a new subdivision 2-a is added to read as follows:
  1.  A  person  who  stands  convicted of a felony offense for a sexual
assault against a child OR FOR A SEXUAL ASSAULT  AGAINST  A  CHILD  FIVE
YEARS  OF  AGE  OR  LESS,  having  been  subjected to a predicate felony
conviction for a sexual assault against a child OR FOR A SEXUAL  ASSAULT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10043-01-1

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.