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
S. 6877 2
A person is guilty of rape in the first degree when he or she engages
in CRIMINAL sexual [intercourse] CONDUCT with another person:
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.