senate Bill S7240

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to codes

S7240 - Details

Law Section:
Penal Law
Laws Affected:
Rpld §§130.40, 130.45 & 130.50, amd Pen L, generally; amd CP L, generally; amd §168-a, Cor L; amd §384-b, Soc Serv L; amd §509-cc, V & T L; amd §§117, 301.2, 308.1 & 1052, Fam Ct Act; amd §§61, 62 & 64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L

S7240 - Summary

Relates to the offenses of rape in the first, second and third degrees; removes the penetration requirement from the rape statutes; redefines rape to include oral and anal sexual conduct within the definition of rape and makes conforming changes throughout various areas of law.

S7240 - Sponsor Memo

S7240 - Bill Text download pdf

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

                                  7240

                            I N  S E N A T E

                               May 7, 2014
                               ___________

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

AN ACT  to  amend  the  penal  law,  the  criminal  procedure  law,  the
  correction  law, the social services law, the vehicle and traffic law,
  the family court act, the civil rights law, the civil practice law and
  rules, the agriculture and markets  law  and  the  judiciary  law,  in
  relation  to  sex  offenses;  and  to repeal certain provisions of the
  penal law relating thereto

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

  Section  1.  Sections  130.40,  130.45 and 130.50 of the penal law are
REPEALED.
  S 2. Subdivision 1 of section 130.00 of the penal law  is  amended  to
read as follows:
  1.  "Sexual intercourse" [has its ordinary meaning and occurs upon any
penetration, however slight] MEANS CONDUCT BETWEEN PERSONS CONSISTING OF
CONTACT BETWEEN THE PENIS AND THE VAGINA OR VULVA.
  S 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.25 Rape in the third degree.
  A person is guilty of rape in the third degree when:
  1.  He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
  2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT  OR  ANAL  SEXUAL  CONDUCT
WITH ANOTHER PERSON WHO IS INCAPABLE OF CONSENT BY REASON OF SOME FACTOR
OTHER THAN BEING LESS THAN SEVENTEEN YEARS OLD;
  3.  Being  twenty-one  years  old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; [or
  3.] 4.  BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN  ORAL
SEXUAL  CONDUCT  OR  ANAL  SEXUAL  CONDUCT WITH ANOTHER PERSON LESS THAN
SEVENTEEN YEARS OLD;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02734-11-4

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