NY State Senate Bill 2017-S6169A

Senate Bill S6169A

2017-2018 Legislative Session

Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2018	print number 6169a
Feb 14, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes
May 11, 2017	referred to codes

Bill Amendments

Original

A (Active)

2017-S6169 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8053
2019-2020: S1757
2021-2022: S5613
2023-2024: S4655

2017-S6169 - Summary

Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole.

2017-S6169 - Sponsor Memo

                                
 
BILL NUMBER: S6169                 Revised 1/17/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to sex
offenses, prostitution offenses, obscenity offenses and sexual perform-
ance by a child offense committed against a minor

 
PURPOSE OR GENERAL IDEA OF BILL:

Redesignates certain sex, prostitution, obscenity and sexual performance
offenses committed against a child as a class A-I felonies with a
sentence of life imprisonment without parole.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006.

Section 2 amends subdivision 5 of section 70.00 of the penal law as
amended by chapter 482 of the laws of 2009.

Section 3 amends section 130.35 of the penal law, as amended by chapter
1 of the laws of 2000.

Section 4 amends the penal law by adding a new section 130.36 - Rape of
a child.

Section 5 amends section 130.50 of the penal law, as amended by chapter
264 of the laws of 2003.

Section 6 amends the penal law by adding a new section 130.51 - Criminal
sexual act against a child.

Section 7 amends the penal law, as amended by chapter 26 of the laws of
2011.

Section 8 amends the penal law by adding a new section 130.64 - Sexual
abuse of a child.

Section 9 amends section 130.67 of the penal law. Section 10 amends
section 130.70 of the penal law.

Section 11 amends the penal law adding a new section 130.71 - Aggravated
sexual abuse of a child.

Section 12 amends the closing paragraph of section 130.75 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 13 amends section 130.80 of the penal law. Section 14 amends
section 130.96 of the penal law.  of section 230.06 of the penal law.

Section 15 amends the closing paragraph  of section 230.06 of the penal
law

Section 16 amends the closing paragraph of section 230.13 of the penal
law.


Section 17 amends the closing paragraph of section 230.32 of the penal
law.

Section 18 amends the closing paragraph of section 230.33 of the penal
law.

Section 19 amends the closing paragraph of section 235.22 of the penal
law.

Section 20 amends the closing paragraph of section 263.05 of the penal
law.

Section 21 amends the closing paragraph of section 263.30 of the penal
law.

Section 22 is the effective date.

 
JUSTIFICATION:

Sex crimes against children are a horrible criminal offense that a soci-
ety should not tolerate. Criminals preying on young victims should not
be tolerated. This bill would lock away criminals of these sickening
crimes with life without parole. It will protect the public and will
send the message that these types of crimes will not be tolerated in a
civil society.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.6169 - Referred to Codes
2016: S.8053 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect January 1.

2017-S6169 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6169
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 sex offenses, prostitution
   offenses, obscenity offenses and sexual performance by a child offense
   committed against a minor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen years nor more than twenty-five years; provided,  however,  that
 (A)  where  a sentence, other than a sentence of death or life imprison-
 ment without parole, is imposed upon a defendant convicted of murder  in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years,  and,  (B) where a sentence is imposed upon a defendant convicted
 of murder in the second degree as defined in subdivision five of section
 125.25 of this chapter or convicted of aggravated murder as  defined  in
 section  125.26 of this chapter, the sentence shall be life imprisonment
 without parole, and, (C) where a sentence is imposed  upon  a  defendant
 convicted  of attempted murder in the first degree as defined in article
 one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in  article  one  hundred ten of this chapter and section 125.26 of this
 chapter such minimum period shall be not less than twenty years nor more
 than forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A  DEFENDANT
 CONVICTED  OF RAPE OF A CHILD AS DEFINED IN SECTION 130.36 OF THIS CHAP-
 TER, CONVICTED OF CRIMINAL SEXUAL ACT AGAINST  A  CHILD  AS  DEFINED  IN
 SECTION  130.51 OF THIS CHAPTER, CONVICTED OF SEXUAL ABUSE OF A CHILD AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11610-01-7

 S. 6169                             2
 
 DEFINED IN SECTION 130.64 OF THIS CHAPTER, CONVICTED OF AGGRAVATED SEXU-
 AL ABUSE OF A CHILD AS  DEFINED  IN  SECTION  130.71  OF  THIS  CHAPTER,
 CONVICTED  OF  COURSE  OF  SEXUAL  CONDUCT  AGAINST A CHILD IN THE FIRST
 DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER, CONVICTED OF COURSE
 OF  SEXUAL  CONDUCT  AGAINST  A CHILD IN THE SECOND DEGREE AS DEFINED IN
 SECTION 130.80 OF THIS CHAPTER, CONVICTED OF  PREDATORY  SEXUAL  ASSAULT
 AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, CONVICTED
 OF PATRONIZING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED
 IN SECTION 230.06 OF THIS CHAPTER, CONVICTED OF AGGRAVATED PATRONIZING A
 MINOR  FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
 OF THIS CHAPTER, CONVICTED OF PROMOTING PROSTITUTION IN THE FIRST DEGREE
 AS DEFINED IN SECTION 230.32 OF THIS CHAPTER,  CONVICTED  OF  COMPELLING
 PROSTITUTION  AS DEFINED IN SECTION 230.33 OF THIS CHAPTER, CONVICTED OF
 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
 IN SECTION 235.22 OF THIS CHAPTER, CONVICTED OF USE  OF  A  CHILD  IN  A
 SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION  263.05 OF THIS CHAPTER OR
 CONVICTED OF FACILITATING  A  SEXUAL  PERFORMANCE  BY  A  CHILD  WITH  A
 CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS DEFINED IN SECTION 263.30 OF THIS
 CHAPTER, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
   § 2. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence.  A defendant may be sentenced to life imprisonment  with-
 out  parole  upon conviction for the crime of murder in the first degree
 as defined in section 125.27 of this chapter and in accordance with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant must be sentenced to life  imprisonment  without  parole  upon
 conviction  for  the  crime of terrorism as defined in section 490.25 of
 this chapter, where the specified offense the defendant committed  is  a
 class  A-I felony; the crime of criminal possession of a chemical weapon
 or biological weapon in the first degree as defined in section 490.45 of
 this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
 biological  weapon  in  the first degree as defined in section 490.55 of
 this chapter; provided, however, that nothing in this subdivision  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also
 convicted of the crime of murder in  the  first  degree  as  defined  in
 section  125.27  of this chapter.  A defendant must be sentenced to life
 imprisonment without parole upon conviction for the crime of  murder  in
 the  second  degree  as defined in subdivision five of section 125.25 of
 this chapter or for the crime of aggravated murder as defined in  subdi-
 vision  one  of  section  125.26  of  this  chapter.  A defendant may be
 sentenced to life imprisonment without parole upon  conviction  for  the
 crime  of  aggravated  murder  as  defined in subdivision two of section
 125.26 of this chapter. A DEFENDANT MUST BE SENTENCED TO LIFE  IMPRISON-
 MENT  WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF RAPE OF A CHILD AS
 DEFINED IN SECTION 130.36 OF THIS CHAPTER, FOR  THE  CRIME  OF  CRIMINAL
 SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51 OF THIS CHAPTER,
 FOR THE CRIME OF SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.64 OF
 THIS  CHAPTER,  FOR  THE  CRIME OF AGGRAVATED SEXUAL ABUSE OF A CHILD AS
 DEFINED IN SECTION 130.71 OF THIS CHAPTER, FOR THE CRIME  OF  COURSE  OF
 SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
 130.75  OF  THIS  CHAPTER,  FOR  THE  CRIME  OF COURSE OF SEXUAL CONDUCT

 S. 6169                             3
 
 AGAINST A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION  130.80  OF
 THIS  CHAPTER, FOR THE CRIME OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD
 AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, FOR THE CRIME OF PATRONIZ-
 ING  A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION
 230.06 OF THIS CHAPTER, FOR THE CRIME OF AGGRAVATED PATRONIZING A  MINOR
 FOR  PROSTITUTION  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF
 THIS CHAPTER, FOR THE CRIME  OF  PROMOTING  PROSTITUTION  IN  THE  FIRST
 DEGREE  AS  DEFINED  IN SECTION 230.32 OF THIS CHAPTER, FOR THE CRIME OF
 COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33  OF  THIS  CHAPTER,
 FOR  THE CRIME OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
 DEGREE AS DEFINED IN SECTION 235.22 OF THIS CHAPTER, FOR  THE  CRIME  OF
 USE  OF  A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF
 THIS CHAPTER, OR FOR THE CRIME OF FACILITATING A SEXUAL PERFORMANCE BY A
 CHILD WITH A CONTROLLED SUBSTANCE  OR  ALCOHOL  AS  DEFINED  IN  SECTION
 263.30 OF THIS CHAPTER.
   §  2-a. Subdivision 5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole upon conviction for the crime of murder in the  first  degree  as
 defined  in  section  125.27  of this chapter and in accordance with the
 procedures provided by law for imposing a sentence  for  such  crime.  A
 defendant  who  was  eighteen  years  of age or older at the time of the
 commission of the crime must be sentenced to life  imprisonment  without
 parole  upon conviction for the crime of terrorism as defined in section
 490.25 of this  chapter,  where  the  specified  offense  the  defendant
 committed  is  a class A-I felony; the crime of criminal possession of a
 chemical weapon or biological weapon in the first degree as  defined  in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal  weapon  or  biological  weapon  in  the  first degree as defined in
 section 490.55 of this chapter; provided, however, that nothing in  this
 subdivision  shall  preclude  or  prevent  a  sentence of death when the
 defendant is also convicted of the crime of murder in the  first  degree
 as defined in section 125.27 of this chapter. A defendant who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. A defendant must
 be sentenced to life imprisonment without parole upon conviction for the
 crime  of  murder in the second degree as defined in subdivision five of
 section 125.25 of this chapter or for the crime of aggravated murder  as
 defined  in subdivision one of section 125.26 of this chapter. A defend-
 ant may be sentenced to life imprisonment without parole upon conviction
 for the crime of aggravated murder as  defined  in  subdivision  two  of
 section  125.26  of this chapter.  A DEFENDANT MUST BE SENTENCED TO LIFE
 IMPRISONMENT WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF RAPE  OF  A
 CHILD  AS  DEFINED  IN  SECTION 130.36 OF THIS CHAPTER, FOR THE CRIME OF
 CRIMINAL SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51 OF THIS
 CHAPTER, FOR THE CRIME OF SEXUAL ABUSE OF A CHILD AS DEFINED IN  SECTION
 130.64  OF  THIS  CHAPTER, FOR THE CRIME OF AGGRAVATED SEXUAL ABUSE OF A
 CHILD AS DEFINED IN SECTION 130.71 OF THIS CHAPTER,  FOR  THE  CRIME  OF
 COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED

 S. 6169                             4
 
 IN SECTION 130.75 OF THIS CHAPTER, FOR THE CRIME  OF  COURSE  OF  SEXUAL
 CONDUCT  AGAINST  A  CHILD  IN  THE  SECOND DEGREE AS DEFINED IN SECTION
 130.80 OF THIS CHAPTER,  FOR  THE  CRIME  OF  PREDATORY  SEXUAL  ASSAULT
 AGAINST  A  CHILD  AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, FOR THE
 CRIME OF PATRONIZING A PERSON FOR PROSTITUTION IN THE  FIRST  DEGREE  AS
 DEFINED  IN  SECTION 230.06 OF THIS CHAPTER, FOR THE CRIME OF AGGRAVATED
 PATRONIZING A MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED  IN
 SECTION  230.13 OF THIS CHAPTER, FOR THE CRIME OF PROMOTING PROSTITUTION
 IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32 OF  THIS  CHAPTER,  FOR
 THE  CRIME  OF  COMPELLING  PROSTITUTION AS DEFINED IN SECTION 230.33 OF
 THIS CHAPTER, FOR THE CRIME OF DISSEMINATING INDECENT MATERIAL TO MINORS
 IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22 OF  THIS  CHAPTER,  FOR
 THE  CRIME  OF  USE  OF  A  CHILD  IN A SEXUAL PERFORMANCE AS DEFINED IN
 SECTION 263.05 OF THIS CHAPTER, OR FOR THE CRIME OF FACILITATING A SEXU-
 AL PERFORMANCE BY A CHILD WITH A  CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS
 DEFINED IN SECTION 263.30 OF THIS CHAPTER.
   §  3.  Section 130.35 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when he or she  engages
 in sexual intercourse with another person:
   1. By forcible compulsion; or
   2.  Who  is  incapable  of consent by reason of being physically help-
 less[; 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].
   Rape in the first degree is a class B felony.
   § 4. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 RAPE OF A CHILD.
   A PERSON IS GUILTY OF RAPE OF A CHILD WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
 OLD OR MORE.
   RAPE OF A CHILD IS A CLASS A-I FELONY.
   § 5. 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  help-
 less[; 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].
   Criminal sexual act in the first degree is a class B felony.
   §  6.  The penal law is amended by adding a new section 130.51 to read
 as follows:
 § 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD.
   A PERSON IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN  HE  OR
 SHE  ENGAGES  IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER
 PERSON:

 S. 6169                             5
 
   1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
 OLD OR MORE.
   CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.
   §  7. Section 130.65 of the penal law, as amended by chapter 26 of the
 laws of 2011, is amended to read as follows:
 § 130.65 Sexual abuse in the first degree.
   A person is guilty of sexual abuse in the first degree when he or  she
 subjects another person to sexual contact:
   1. By forcible compulsion; or
   2.  When  the  other person is incapable of consent by reason of being
 physically helpless[; or
   3. When the other person is less than eleven years old; or
   4. When the other person is less than thirteen years old and the actor
 is twenty-one years old or older].
   Sexual abuse in the first degree is a class D felony.
   § 8. The penal law is amended by adding a new section 130.64  to  read
 as follows:
 § 130.64 SEXUAL ABUSE OF A CHILD.
   A  PERSON IS GUILTY OF SEXUAL ABUSE OF A CHILD WHEN HE OR SHE SUBJECTS
 ANOTHER PERSON TO SEXUAL CONTACT:
   1. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
 IS TWENTY-ONE YEARS OLD OR OLDER.
   SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   § 9. Section 130.67 of the penal law, as added by chapter 450  of  the
 laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
 ter 485 of the laws of 2009, is amended to read as follows:
 § 130.67 Aggravated sexual abuse in the second degree.
   1.  A person is guilty of aggravated sexual abuse in the second degree
 when he or she inserts a finger in the vagina, urethra, penis, rectum or
 anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the second degree is a class C felony.
   § 10. Section 130.70 of the penal law, as amended by  chapter  450  of
 the  laws  of 1988, the opening paragraph of subdivision 1 as amended by
 chapter 485 of the laws of 2009, is amended to read as follows:
 § 130.70 Aggravated sexual abuse in the first degree.
   1. A person is guilty of aggravated sexual abuse in the  first  degree
 when  he  or she inserts a foreign object in the vagina, urethra, penis,
 rectum or anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the first degree is a class B felony.
   § 11. The penal law is amended by adding a new section 130.71 to  read
 as follows:
 § 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD.

 S. 6169                             6
 
   1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN HE OR
 SHE  INSERTS  A  FINGER OR FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
 RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON,
 WHEN SUCH PERSON IS LESS THAN ELEVEN YEARS OLD.
   2.  CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
 PROVISIONS OF THIS SECTION.
   AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   § 12. The closing paragraph of section 130.75 of  the  penal  law,  as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Course  of  sexual  conduct  against  a child in the first degree is a
 class [B] A-I felony.
   § 13. The closing paragraph of section 130.80 of  the  penal  law,  as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Course  of  sexual  conduct  against a child in the second degree is a
 class [D] A-I felony.
   § 14. Section 130.96 of the penal law, as added by chapter 107 of  the
 laws of 2006, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A  person  is guilty of predatory sexual assault against a child when,
 being eighteen years old or more, he or she commits the  crime  of  rape
 [in  the  first  degree]  OF  A CHILD, criminal sexual act [in the first
 degree] AGAINST A CHILD, aggravated sexual abuse [in the  first  degree]
 OF  A  CHILD,  COURSE  OF  SEXUAL  CONDUCT AGAINST A CHILD IN THE SECOND
 DEGREE, or course of sexual conduct against a child in the first degree,
 as defined in this article, and the victim is less than  thirteen  years
 old.
   Predatory sexual assault against a child is a class [A-II] A-I felony.
   §  15.  The  closing  paragraph of section 230.06 of the penal law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   Patronizing  a  person for prostitution in the first degree is a class
 [D] A-I felony.
   § 16. The closing paragraph of section 230.13 of  the  penal  law,  as
 added by chapter 368 of the laws of 2015, is amended to read as follows:
   Aggravated patronizing a minor for prostitution in the first degree is
 a class [B] A-I felony.
   §  17.  The  closing  paragraph of section 230.32 of the penal law, as
 added by chapter 627 of the laws of 1978, is amended to read as follows:
   Promoting prostitution in the first degree is a class [B] A-I felony.
   § 18. The closing paragraph of section 230.33 of  the  penal  law,  as
 amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
 follows:
   Compelling prostitution is a class [B] A-I felony.
   § 19. The closing paragraph of section 235.22 of  the  penal  law,  as
 added by chapter 600 of the laws of 1996, is amended to read as follows:
   Disseminating  indecent  material  to  minors in the first degree is a
 class [D] A-I felony.
   § 20. The closing paragraph of section 263.05 of  the  penal  law,  as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Use of a child in a sexual performance is a class [C] A-I felony.
   §  21.  The  closing  paragraph of section 263.30 of the penal law, as
 added by chapter 431 of the laws of 2008, is amended to read as follows:
   Facilitating a  sexual  performance  by  a  child  with  a  controlled
 substance or alcohol is a class [B] A-I felony.
   §  22.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law and shall  apply

 S. 6169                             7
 
 to  offenses  committed  on  or after such date; provided, however, that
 section two-a of this act shall take effect on the same date and in  the
 same  manner  as  section  40-a of part WWW of chapter 59 of the laws of
 2017.

2017-S6169A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8053
2019-2020: S1757
2021-2022: S5613
2023-2024: S4655

2017-S6169A (ACTIVE) - Summary

Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole.

2017-S6169A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6169A

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to sex
offenses, prostitution offenses, obscenity offenses and sexual perform-
ance by a child offense committed against a minor

 
PURPOSE OR GENERAL IDEA OF BILL:

Redesignates certain sex, prostitution, obscenity and sexual performance
offenses committed against a child as a class A-I felonies with a
sentence of life imprisonment without parole.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006.

Section 2 amends subdivision 5 of section 70.00 of the penal law as
amended by chapter 482 of the laws of 2009.

Section 3 amends subdivision 5 of section 70.00 of the penal law, as
amended by section 40-a of part WW of chapter 59 of the laws of 2017.

Section 4 amends section 130.35 of the penal law, as amended by chapter
1 of the laws of 2000.

Section 5 amends the penal law to add a new section 130.36.

Section 6 amends section 130.50 of the penal law, as amended by chapter
264 of the laws of 2003.

Section 7 amends the penal law by adding a new section 130.51.

Section 8 amends section 130.65 of the penal law, as amended by chapter
26 of the laws of 2011.

Section 9 amends the penal law by adding a new section 130.64.

Section 10 amends section 130.67 of the penal law, as added by chapter
450 of the laws of 1988.

Section 11 amends section 130.70 of the penal law, as amended by chapter
450 of the laws of 1988.

Section 12 amends the penal law by adding a new section 130.71.

Section 13 amends the closing paragraph of section 130.75 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 14 amends the closing paragraph of section 130.80 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 15 amends section 130.96 of the penal law, as added by chapter
107 of the laws of 2006.

Section 16 amends the closing paragraph of section 230.06 of the penal
law, as amended by chapter 368 of the laws of 2015.
Section 17 amends the closing paragraph of section 230.13 of the penal
law, as added by chapter 368 of the laws of 2015.

Section 18 amends the closing paragraph of section 230.32 of the penal
law, as added by chapter 627 of the laws of 1978.

Section 19 amends the closing paragraph of section 230.33 of the penal
law, as amended by chapter 627 of the laws of 2015.

Section 20 amends the closing paragraph of section 235.22 of the penal
law, as added by chapter 600 of the laws of 1996.

Section 21 amends the closing paragraph of section 263.35 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 22 amends the closing paragraph of section 263.30 of the penal
law, as added by chapter 431 of the laws of 2008.

Section 23 is the effective date.

 
JUSTIFICATION:

Sex crimes against children are a horrible criminal offense that a soci-
ety should not tolerate. Criminals preying on young victims should not
be tolerated. This bill would lock away criminals of these sickening
crimes with life without parole. It will protect the public and will
send the message that these types of crimes will not be tolerated in a
civil society.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.6169 - Referred to Codes
2016: S.8053 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

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

2017-S6169A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6169--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the penal law, in relation to sex offenses, prostitution
   offenses, obscenity offenses and sexual performance by a child offense
   committed against a minor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  3  of
 section 70.00 of the penal law, as amended by chapter 107 of the laws of
 2006, is amended to read as follows:
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and, (B) where a sentence is imposed upon a  defendant  convicted
 of murder in the second degree as defined in subdivision five of section
 125.25  of  this chapter or convicted of aggravated murder as defined in
 section 125.26 of this chapter, the sentence shall be life  imprisonment
 without  parole,  and,  (C) where a sentence is imposed upon a defendant
 convicted of attempted murder in the first degree as defined in  article
 one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than  forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A DEFENDANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11610-02-8

 S. 6169--A                          2
 
 CONVICTED OF RAPE OF A CHILD AS DEFINED IN SECTION 130.36 OF THIS  CHAP-
 TER,  CONVICTED  OF  CRIMINAL  SEXUAL  ACT AGAINST A CHILD AS DEFINED IN
 SECTION 130.51 OF THIS CHAPTER, CONVICTED OF SEXUAL ABUSE OF A CHILD  AS
 DEFINED IN SECTION 130.64 OF THIS CHAPTER, CONVICTED OF AGGRAVATED SEXU-
 AL  ABUSE  OF  A  CHILD  AS  DEFINED  IN SECTION 130.71 OF THIS CHAPTER,
 CONVICTED OF COURSE OF SEXUAL CONDUCT  AGAINST  A  CHILD  IN  THE  FIRST
 DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER, CONVICTED OF COURSE
 OF  SEXUAL  CONDUCT  AGAINST  A CHILD IN THE SECOND DEGREE AS DEFINED IN
 SECTION 130.80 OF THIS CHAPTER, CONVICTED OF  PREDATORY  SEXUAL  ASSAULT
 AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, CONVICTED
 OF PATRONIZING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED
 IN SECTION 230.06 OF THIS CHAPTER, CONVICTED OF AGGRAVATED PATRONIZING A
 MINOR  FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
 OF THIS CHAPTER, CONVICTED OF PROMOTING PROSTITUTION IN THE FIRST DEGREE
 AS DEFINED IN SECTION 230.32 OF THIS CHAPTER,  CONVICTED  OF  COMPELLING
 PROSTITUTION  AS DEFINED IN SECTION 230.33 OF THIS CHAPTER, CONVICTED OF
 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
 IN SECTION 235.22 OF THIS CHAPTER, CONVICTED OF USE  OF  A  CHILD  IN  A
 SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION  263.05 OF THIS CHAPTER OR
 CONVICTED OF FACILITATING  A  SEXUAL  PERFORMANCE  BY  A  CHILD  WITH  A
 CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS DEFINED IN SECTION 263.30 OF THIS
 CHAPTER, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
   § 2. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
 chapter 482 of the laws of 2009, is amended to read as follows:
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence.  A defendant may be sentenced to life imprisonment  with-
 out  parole  upon conviction for the crime of murder in the first degree
 as defined in section 125.27 of this chapter and in accordance with  the
 procedures  provided  by  law  for imposing a sentence for such crime. A
 defendant must be sentenced to life  imprisonment  without  parole  upon
 conviction  for  the  crime of terrorism as defined in section 490.25 of
 this chapter, where the specified offense the defendant committed  is  a
 class  A-I felony; the crime of criminal possession of a chemical weapon
 or biological weapon in the first degree as defined in section 490.45 of
 this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
 biological  weapon  in  the first degree as defined in section 490.55 of
 this chapter; provided, however, that nothing in this subdivision  shall
 preclude  or  prevent  a  sentence  of  death when the defendant is also
 convicted of the crime of murder in  the  first  degree  as  defined  in
 section  125.27  of this chapter.  A defendant must be sentenced to life
 imprisonment without parole upon conviction for the crime of  murder  in
 the  second  degree  as defined in subdivision five of section 125.25 of
 this chapter or for the crime of aggravated murder as defined in  subdi-
 vision  one  of  section  125.26  of  this  chapter.  A defendant may be
 sentenced to life imprisonment without parole upon  conviction  for  the
 crime  of  aggravated  murder  as  defined in subdivision two of section
 125.26 of this chapter. A DEFENDANT MUST BE SENTENCED TO LIFE  IMPRISON-
 MENT  WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF RAPE OF A CHILD AS
 DEFINED IN SECTION 130.36 OF THIS CHAPTER, FOR  THE  CRIME  OF  CRIMINAL
 SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51 OF THIS CHAPTER,
 FOR THE CRIME OF SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.64 OF
 THIS  CHAPTER,  FOR  THE  CRIME OF AGGRAVATED SEXUAL ABUSE OF A CHILD AS

 S. 6169--A                          3
 
 DEFINED IN SECTION 130.71 OF THIS CHAPTER, FOR THE CRIME  OF  COURSE  OF
 SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
 130.75  OF  THIS  CHAPTER,  FOR  THE  CRIME  OF COURSE OF SEXUAL CONDUCT
 AGAINST  A  CHILD  IN  THE SECOND DEGREE AS DEFINED IN SECTION 130.80 OF
 THIS CHAPTER, FOR THE CRIME OF PREDATORY SEXUAL ASSAULT AGAINST A  CHILD
 AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, FOR THE CRIME OF PATRONIZ-
 ING  A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION
 230.06 OF THIS CHAPTER, FOR THE CRIME OF AGGRAVATED PATRONIZING A  MINOR
 FOR  PROSTITUTION  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 230.13 OF
 THIS CHAPTER, FOR THE CRIME  OF  PROMOTING  PROSTITUTION  IN  THE  FIRST
 DEGREE  AS  DEFINED  IN SECTION 230.32 OF THIS CHAPTER, FOR THE CRIME OF
 COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33  OF  THIS  CHAPTER,
 FOR  THE CRIME OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
 DEGREE AS DEFINED IN SECTION 235.22 OF THIS CHAPTER, FOR  THE  CRIME  OF
 USE  OF  A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF
 THIS CHAPTER, OR FOR THE CRIME OF FACILITATING A SEXUAL PERFORMANCE BY A
 CHILD WITH A CONTROLLED SUBSTANCE  OR  ALCOHOL  AS  DEFINED  IN  SECTION
 263.30 OF THIS CHAPTER.
   §  3.  Subdivision  5 of section 70.00 of the penal law, as amended by
 section 40-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole upon conviction for the crime of murder in the  first  degree  as
 defined  in  section  125.27  of this chapter and in accordance with the
 procedures provided by law for imposing a sentence  for  such  crime.  A
 defendant  who  was  eighteen  years  of age or older at the time of the
 commission of the crime must be sentenced to life  imprisonment  without
 parole  upon conviction for the crime of terrorism as defined in section
 490.25 of this  chapter,  where  the  specified  offense  the  defendant
 committed  is  a class A-I felony; the crime of criminal possession of a
 chemical weapon or biological weapon in the first degree as  defined  in
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal  weapon  or  biological  weapon  in  the  first degree as defined in
 section 490.55 of this chapter; provided, however, that nothing in  this
 subdivision  shall  preclude  or  prevent  a  sentence of death when the
 defendant is also convicted of the crime of murder in the  first  degree
 as defined in section 125.27 of this chapter. A defendant who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. A defendant must
 be sentenced to life imprisonment without parole upon conviction for the
 crime  of  murder in the second degree as defined in subdivision five of
 section 125.25 of this chapter or for the crime of aggravated murder  as
 defined  in subdivision one of section 125.26 of this chapter. A defend-
 ant may be sentenced to life imprisonment without parole upon conviction
 for the crime of aggravated murder as  defined  in  subdivision  two  of
 section  125.26  of this chapter.  A DEFENDANT MUST BE SENTENCED TO LIFE
 IMPRISONMENT WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF RAPE  OF  A
 CHILD  AS  DEFINED  IN  SECTION 130.36 OF THIS CHAPTER, FOR THE CRIME OF
 CRIMINAL SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51 OF THIS
 CHAPTER, FOR THE CRIME OF SEXUAL ABUSE OF A CHILD AS DEFINED IN  SECTION

 S. 6169--A                          4
 
 130.64  OF  THIS  CHAPTER, FOR THE CRIME OF AGGRAVATED SEXUAL ABUSE OF A
 CHILD AS DEFINED IN SECTION 130.71 OF THIS CHAPTER,  FOR  THE  CRIME  OF
 COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED
 IN  SECTION  130.75  OF  THIS CHAPTER, FOR THE CRIME OF COURSE OF SEXUAL
 CONDUCT AGAINST A CHILD IN THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
 130.80  OF  THIS  CHAPTER,  FOR  THE  CRIME  OF PREDATORY SEXUAL ASSAULT
 AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THIS  CHAPTER,  FOR  THE
 CRIME  OF  PATRONIZING  A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS
 DEFINED IN SECTION 230.06 OF THIS CHAPTER, FOR THE CRIME  OF  AGGRAVATED
 PATRONIZING  A  MINOR FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
 SECTION 230.13 OF THIS CHAPTER, FOR THE CRIME OF PROMOTING  PROSTITUTION
 IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 230.32 OF THIS CHAPTER, FOR
 THE CRIME OF COMPELLING PROSTITUTION AS DEFINED  IN  SECTION  230.33  OF
 THIS CHAPTER, FOR THE CRIME OF DISSEMINATING INDECENT MATERIAL TO MINORS
 IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 235.22 OF THIS CHAPTER, FOR
 THE CRIME OF USE OF A CHILD  IN  A  SEXUAL  PERFORMANCE  AS  DEFINED  IN
 SECTION 263.05 OF THIS CHAPTER, OR FOR THE CRIME OF FACILITATING A SEXU-
 AL  PERFORMANCE  BY  A  CHILD  WITH A CONTROLLED SUBSTANCE OR ALCOHOL AS
 DEFINED IN SECTION 263.30 OF THIS CHAPTER.
   § 4. Section 130.35 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A  person is guilty of rape in the first degree when he or she engages
 in sexual intercourse with another person:
   1. By forcible compulsion; or
   2. Who is incapable of consent by reason  of  being  physically  help-
 less[; 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].
   Rape in the first degree is a class B felony.
   §  5.  The penal law is amended by adding a new section 130.36 to read
 as follows:
 § 130.36 RAPE OF A CHILD.
   A PERSON IS GUILTY OF RAPE OF A CHILD WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
 OLD OR MORE.
   RAPE OF A CHILD IS A CLASS A-I FELONY.
   § 6. 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 help-
 less[; 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].
   Criminal sexual act in the first degree is a class B felony.
   § 7. The penal law is amended by adding a new section 130.51  to  read
 as follows:
 § 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD.

 S. 6169--A                          5
 
   A  PERSON  IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN HE OR
 SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT  WITH  ANOTHER
 PERSON:
   1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
 OLD OR MORE.
   CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.
   §  8. Section 130.65 of the penal law, as amended by chapter 26 of the
 laws of 2011, is amended to read as follows:
 § 130.65 Sexual abuse in the first degree.
   A person is guilty of sexual abuse in the first degree when he or  she
 subjects another person to sexual contact:
   1. By forcible compulsion; or
   2.  When  the  other person is incapable of consent by reason of being
 physically helpless[; or
   3. When the other person is less than eleven years old; or
   4. When the other person is less than thirteen years old and the actor
 is twenty-one years old or older].
   Sexual abuse in the first degree is a class D felony.
   § 9. The penal law is amended by adding a new section 130.64  to  read
 as follows:
 § 130.64 SEXUAL ABUSE OF A CHILD.
   A  PERSON IS GUILTY OF SEXUAL ABUSE OF A CHILD WHEN HE OR SHE SUBJECTS
 ANOTHER PERSON TO SEXUAL CONTACT:
   1. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
   2. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
 IS TWENTY-ONE YEARS OLD OR OLDER.
   SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   § 10. Section 130.67 of the penal law, as added by chapter 450 of  the
 laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
 ter 485 of the laws of 2009, is amended to read as follows:
 § 130.67 Aggravated sexual abuse in the second degree.
   1.  A person is guilty of aggravated sexual abuse in the second degree
 when he or she inserts a finger in the vagina, urethra, penis, rectum or
 anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the second degree is a class C felony.
   § 11. Section 130.70 of the penal law, as amended by  chapter  450  of
 the  laws  of 1988, the opening paragraph of subdivision 1 as amended by
 chapter 485 of the laws of 2009, is amended to read as follows:
 § 130.70 Aggravated sexual abuse in the first degree.
   1. A person is guilty of aggravated sexual abuse in the  first  degree
 when  he  or she inserts a foreign object in the vagina, urethra, penis,
 rectum or anus of another person causing physical injury to such person:
   (a) By forcible compulsion; or
   (b) When the other person is incapable of consent by reason  of  being
 physically helpless[; or
   (c) When the other person is less than eleven years old].
   2.  Conduct performed for a valid medical purpose does not violate the
 provisions of this section.
   Aggravated sexual abuse in the first degree is a class B felony.

 S. 6169--A                          6
 
   § 12. The penal law is amended by adding a new section 130.71 to  read
 as follows:
 § 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN HE OR
 SHE  INSERTS  A  FINGER OR FOREIGN OBJECT IN THE VAGINA, URETHRA, PENIS,
 RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON,
 WHEN SUCH PERSON IS LESS THAN ELEVEN YEARS OLD.
   2. CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE  THE
 PROVISIONS OF THIS SECTION.
   AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
   §  13.  The  closing  paragraph of section 130.75 of the penal law, as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Course of sexual conduct against a child in  the  first  degree  is  a
 class [B] A-I felony.
   §  14.  The  closing  paragraph of section 130.80 of the penal law, as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Course of sexual conduct against a child in the  second  degree  is  a
 class [D] A-I felony.
   §  15. Section 130.96 of the penal law, as added by chapter 107 of the
 laws of 2006, is amended to read as follows:
 § 130.96 Predatory sexual assault against a child.
   A person is guilty of predatory sexual assault against a  child  when,
 being  eighteen  years  old or more, he or she commits the crime of rape
 [in the first degree] OF A CHILD, criminal  sexual  act  [in  the  first
 degree]  AGAINST  A CHILD, aggravated sexual abuse [in the first degree]
 OF A CHILD, COURSE OF SEXUAL CONDUCT  AGAINST  A  CHILD  IN  THE  SECOND
 DEGREE, or course of sexual conduct against a child in the first degree,
 as  defined  in this article, and the victim is less than thirteen years
 old.
   Predatory sexual assault against a child is a class [A-II] A-I felony.
   § 16. The closing paragraph of section 230.06 of  the  penal  law,  as
 amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
 follows:
   Patronizing a person for prostitution in the first degree is  a  class
 [D] A-I felony.
   §  17.  The  closing  paragraph of section 230.13 of the penal law, as
 added by chapter 368 of the laws of 2015, is amended to read as follows:
   Aggravated patronizing a minor for prostitution in the first degree is
 a class [B] A-I felony.
   § 18. The closing paragraph of section 230.32 of  the  penal  law,  as
 added by chapter 627 of the laws of 1978, is amended to read as follows:
   Promoting prostitution in the first degree is a class [B] A-I felony.
   §  19.  The  closing  paragraph of section 230.33 of the penal law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   Compelling prostitution is a class [B] A-I felony.
   §  20.  The  closing  paragraph of section 235.22 of the penal law, as
 added by chapter 600 of the laws of 1996, is amended to read as follows:
   Disseminating indecent material to minors in the  first  degree  is  a
 class [D] A-I felony.
   §  21.  The  closing  paragraph of section 263.05 of the penal law, as
 amended by chapter 1 of the laws of 2000, is amended to read as follows:
   Use of a child in a sexual performance is a class [C] A-I felony.
   § 22. The closing paragraph of section 263.30 of  the  penal  law,  as
 added by chapter 431 of the laws of 2008, is amended to read as follows:

 S. 6169--A                          7
 
   Facilitating  a  sexual  performance  by  a  child  with  a controlled
 substance or alcohol is a class [B] A-I felony.
   §  23.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law and shall  apply
 to  offenses  committed  on  or after such date; provided, however, that
 section three of this act shall take effect on the same date and in  the
 same  manner  as  section  40-a of part WWW of chapter 59 of the laws of
 2017 takes effect.

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