senate Bill S5334

2021-2022 Legislative Session

Increases the penalty for rape in the first degree

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Mar 02, 2021 referred to codes

S5334 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.35, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S5396, A7683

S5334 (ACTIVE) - Summary

Increases the penalty for rape in the first degree from a B felony to an A-II felony.

S5334 (ACTIVE) - Sponsor Memo

S5334 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                               March 2, 2021
 Introduced by Sen. OBERACKER -- 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 increasing the penalty for
   rape in the first degree

   Section 1. 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 helpless;
   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] A-II felony.
   § 2. This act shall take effect immediately.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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