Assembly Bill A646

2017-2018 Legislative Session

Relates to the crime of criminal sexual act in the first degree

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

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2017-A646 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.50, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A5139

2017-A646 (ACTIVE) - Summary

Expands the definition of criminal sexual act in the first degree to include cases of incest when the victim is under 17 years of age and the actor is over 18 years of age.

2017-A646 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    646
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, DILAN, SIMANOWITZ, PAULIN, SKOUFIS,
   LIFTON, JAFFEE, COLTON, WOERNER, CROUCH, SALADINO, RAIA, FINCH, PALUM-
   BO -- Multi-Sponsored by -- M. of A. ABBATE, PALMESANO, SIMON --  read
   once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminal sexual act in the
   first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 130.50 of the penal law, as amended by chapter  264
 of the laws of 2003, is amended to read as follows:
 § 130.50 Criminal sexual act in the first degree.
   A  person is guilty of criminal sexual act in the first degree when he
 or she engages in oral sexual conduct or anal sexual conduct with anoth-
 er person:
   1. By forcible compulsion; or
   2. Who is incapable of consent by reason of being physically helpless;
 or
   3. Who is less than eleven years old; or
   4. Who is less than thirteen years old and the actor is eighteen years
 old or more; OR
   5. WHO IS LESS THAN SEVENTEEN YEARS OLD  AND  THE  ACTOR  IS  EIGHTEEN
 YEARS  OLD OR MORE AND WHOM HE OR SHE KNOWS TO BE RELATED TO HIM OR HER,
 WHETHER THROUGH MARRIAGE OR NOT, AS AN ANCESTOR, DESCENDANT, BROTHER  OR
 SISTER  OF  EITHER  THE  WHOLE OR THE HALF BLOOD, UNCLE, AUNT, NEPHEW OR
 NIECE.
   Criminal sexual act in the first degree is a class B felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03658-01-7

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