Senate Bill S7216A

2017-2018 Legislative Session

Relates to sex offenses

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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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Bill Amendments

2017-S7216 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§210.16, 390.15 & 60.42, CP L; amd §§347.1 & 344.4, Fam Ct Act; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3112
2011-2012: S3025
2013-2014: S85
2015-2016: S2372
2019-2020: S4268, S4968
2021-2022: S4751, S4936
2023-2024: S5873, S7343

2017-S7216 - Summary

Relates to sex offenses; defines vaginal sexual contact.

2017-S7216 - Sponsor Memo

2017-S7216 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7216
 
                             I N  S E N A T E
 
                              January 4, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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,  the  judiciary  law  and  the
   domestic  relations  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 REPEALED.
   § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
 sion 2 as amended by chapter 264 of the laws of  2003,  are  amended  to
 read as follows:
   1.  "[Sexual  intercourse]  VAGINAL  SEXUAL CONTACT" [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.
   2. (a) "Oral sexual [conduct] CONTACT" means conduct  between  persons
 consisting of contact between the mouth and the penis, the mouth and the
 anus, or the mouth and the vulva or vagina.
   (b)  "Anal  sexual  [conduct]  CONTACT"  means conduct between persons
 consisting of contact between the penis and anus.
   § 3. Section 130.25 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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] VAGINAL SEXUAL CONTACT
 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 CONTACT WITH ANOTHER PERSON WHO IS
 INCAPABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
 SEVENTEEN YEARS OLD;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-S7216A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd Pen L, generally; amd §§210.16, 390.15 & 60.42, CP L; amd §§347.1 & 344.4, Fam Ct Act; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3112
2011-2012: S3025
2013-2014: S85
2015-2016: S2372
2019-2020: S4268, S4968
2021-2022: S4751, S4936
2023-2024: S5873, S7343

2017-S7216A (ACTIVE) - Summary

Relates to sex offenses; defines vaginal sexual contact.

2017-S7216A (ACTIVE) - Sponsor Memo

2017-S7216A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7216--A
 
                             I N  S E N A T E
 
                              January 4, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the penal law, the criminal procedure law, the family
   court act, and the domestic relations law, in relation to sex offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of  section  130.00 of the penal law is
 amended to read as follows:
   1. "[Sexual intercourse] VAGINAL SEXUAL  CONTACT"  [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.
   §  2.  Section 130.25 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 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]  VAGINAL  SEXUAL  CONTACT
 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 [sexual
 intercourse] VAGINAL SEXUAL CONTACT with another person less than seven-
 teen years old; or
   3.  He or she engages in [sexual intercourse] VAGINAL  SEXUAL  CONTACT
 with  another  person  without  such person's consent where such lack of
 consent is by reason of some factor other than incapacity to consent.
   Rape in the third degree is a class E felony.
   § 3. Section 130.30 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 130.30 Rape in the second degree.
   A person is guilty of rape in the second degree when:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04197-07-8
              

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