Assembly Bill A3340

Signed By Governor
2023-2024 Legislative Session

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

download bill text pdf

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Current Bill Status - Signed by Governor


  • 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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2023-A3340 (ACTIVE) - Details

See Senate Version of this Bill:
S3161
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, 308.1, 347.1, 344.4 & 1052, Fam Ct Act; amd §64, Civ Rts L; amd §§213-c & 215, CPLR; amd §123, Ag & Mkts L; amd §4, Judy L; amd §§170 & 200, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9774
2013-2014: A3339
2015-2016: A4959
2017-2018: A4249
2019-2020: A794, S8279
2021-2022: A6319, S1075

2023-A3340 (ACTIVE) - Summary

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

2023-A3340 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3340
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  BURDICK, TAYLOR, ZEBROWSKI, DINOWITZ,
   VANEL, SIMON, BURGOS, L. ROSENTHAL,  GONZALEZ-ROJAS,  JACOBSON,  OTIS,
   PRETLOW,    STIRPE,    CLARK,    GLICK,   BICHOTTE HERMELYN,   LAVINE,
   PHEFFER AMATO -- read once and referred 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07466-01-3
 A. 3340                             2
              

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