Do you support this bill?

Assembly Bill A4310

2025-2026 Legislative Session

Enacts "Kimberlee's law" relating to establishing the offense of aggravated rape and criminal sentencing for defendants convicted of certain sexual offenses

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2025-A4310 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §130.36, amd §70.80, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A4118

2025-A4310 (ACTIVE) - Summary

Establishes the offense of aggravated rape; provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

2025-A4310 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4310
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing  the  offense
   of aggravated rape and criminal sentencing for defendants convicted of
   certain sexual offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Kimberlee's law".
   §  2.  The penal law is amended by adding a new section 130.36 to read
 as follows:
 § 130.36 AGGRAVATED RAPE.
   A PERSON IS GUILTY OF AGGRAVATED RAPE  WHEN  SUCH  PERSON  ENGAGES  IN
 SEXUAL INTERCOURSE WITH ANOTHER PERSON:
   1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY; AND
   2.  SUCH PERSON IS ARMED WITH A DEADLY WEAPON OR DANGEROUS INSTRUMENT,
 OR ANY OBJECT USED IN A MANNER TO LEAD THE VICTIM TO REASONABLY  BELIEVE
 SUCH OBJECT TO BE A DEADLY WEAPON OR DANGEROUS INSTRUMENT; AND
   (A) BY FORCIBLE COMPULSION; OR
   (B)  SUCH VICTIM IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY
 HELPLESS; OR
   (C) SUCH VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (D) SUCH VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE.
   AGGRAVATED RAPE IS A CLASS A FELONY.
   § 3. Section 70.80 of the penal law is amended by adding a new  subdi-
 vision 10 to read as follows:
   10.  SENTENCE  OF  IMPRISONMENT  FOR AN OFFENDER OF CERTAIN FELONY SEX
 OFFENSES. AN OFFENDER CONVICTED OF RAPE IN THE FIRST DEGREE PURSUANT  TO
 SECTION  130.35  OF  THIS CHAPTER OR AN OFFENDER CONVICTED OF AGGRAVATED
 RAPE PURSUANT TO SECTION 130.36 OF THIS CHAPTER SHALL  NOT  BE  RELEASED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07244-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.