S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6214
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law and the correction  law,  in  relation  to
   establishing  certain sex offenses and criminal sentencing for defend-
   ants convicted of certain sex 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
 "Kimberly'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.
                                                            LBD09922-02-5
              

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 PURSUANT TO SECTION 70.40 OF THIS ARTICLE UNTIL  SUCH  MINIMUM  SENTENCE
 SHALL HAVE BEEN SERVED.
   §  4.  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  130.37,  CRIMINAL
 SEXUAL  ACT  AGAINST  A  CHILD  AS DEFINED IN SECTION 130.51, AGGRAVATED
 SEXUAL ABUSE OF A CHILD AS  DEFINED  IN  SECTION  130.71  OR  AGGRAVATED
 COURSE OF SEXUAL CONDUCT AGAINST A CHILD AS DEFINED IN SECTION 130.81 OF
 THIS CHAPTER SUCH MINIMUM PERIOD SHALL BE TWENTY YEARS.
   §  5.  Subdivision 5 of section 125.25 of the penal law, as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
   5. Being eighteen years old or more, while in the course of committing
 rape in the first, second or third degree, a crime formerly  defined  in
 section  130.50,  130.45  or  130.40  of this title, the crime of sexual
 abuse in the first degree, RAPE OF A CHILD, CRIMINAL SEXUAL ACT  AGAINST
 A CHILD, AGGRAVATED SEXUAL ABUSE OF A CHILD, AGGRAVATED COURSE OF SEXUAL
 CONDUCT  AGAINST  A CHILD, aggravated sexual abuse in the first, second,
 third or fourth degree, or incest in the first, second or third  degree,
 against  a  person less than fourteen years old, [he or she] THEY inten-
 tionally [causes] CAUSE the death of such person.
   § 6. Section 130.35 of the penal law, as amended by chapter 777 of the
 laws of 2023, is amended to read as follows:
 § 130.35 Rape in the first degree.
   A person is guilty of rape in the first degree when:
   1. [he or she] SUCH PERSON engages  in  vaginal  sexual  contact  with
 another person:
   (a) By forcible compulsion; or
   (b)  Who  is  incapable of consent by reason of being physically help-
 less; or
   (c) [Who is less than eleven years old; or
   (d)] Who is less than thirteen years old and  the  actor  is  eighteen
 years old or more;
   2. [he or she] SUCH PERSON engages in oral sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b)  Who  is  incapable of consent by reason of being physically help-
 less; or
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   (c) [Who is less than eleven years old; or
   (d)]  Who  is  less  than thirteen years old and the actor is eighteen
 years old or more; or
   3. [he or she] SUCH PERSON engages in anal sexual contact with another
 person:
   (a) By forcible compulsion; or
   (b) Who is incapable of consent by reason of  being  physically  help-
 less; or
   (c) [Who is less than eleven years old; or
   (d)]  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.
   § 7. The penal law is amended by adding a new section 130.37  to  read
 as follows:
 § 130.37 RAPE OF A CHILD.
   A PERSON IS GUILTY OF RAPE OF A CHILD WHEN:
   1.  SUCH  PERSON ENGAGES IN SEXUAL INTERCOURSE WITH ANOTHER PERSON WHO
 IS LESS THAN TWELVE YEARS OLD; OR
   2. BEING TWENTY-ONE YEARS OLD OR MORE, SUCH PERSON ENGAGES  IN  SEXUAL
 INTERCOURSE WITH ANOTHER PERSON LESS THAN FOURTEEN YEARS OLD.
   RAPE OF A CHILD IS A CLASS A-I FELONY.
   §  8.  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:
   1. SUCH PERSON ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL  SEXUAL  CONDUCT
 WITH ANOTHER PERSON WHO IS LESS THAN TWELVE YEARS OLD; OR
   2.  BEING  TWENTY-ONE  YEARS  OLD OR MORE, SUCH PERSON ENGAGES IN ORAL
 SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT WITH ANOTHER PERSON  WHO  IS  LESS
 THAN FOURTEEN YEARS OLD.
   CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.
   §  9.  Subdivision 1 of section 130.70 of the penal law, as amended by
 chapter 450 of the laws of 1988, the opening  paragraph  as  amended  by
 chapter 485 of the laws of 2009, is amended to read as follows:
   1.  A  person is guilty of aggravated sexual abuse in the first degree
 when [he or she] SUCH PERSON inserts a foreign  object  in  the  vagina,
 urethra, penis, rectum or anus of another person causing physical injury
 to such OTHER 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].
   § 10. 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:
   (A)  SUCH  PERSON  INSERTS  A  FOREIGN  OBJECT IN THE VAGINA, URETHRA,
 PENIS, RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO  SUCH
 OTHER PERSON WHEN SUCH OTHER PERSON IS LESS THAN TWELVE YEARS OLD; OR
   (B)  BEING TWENTY-ONE YEARS OLD OR MORE, SUCH PERSON INSERTS A FOREIGN
 OBJECT IN THE VAGINA, URETHRA, PENIS, RECTUM OR ANUS OF  ANOTHER  PERSON
 CAUSING  PHYSICAL  INJURY TO SUCH OTHER PERSON WHEN SUCH OTHER PERSON IS
 LESS THAN FOURTEEN 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.
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   §  11. Subdivision 1 of section 130.75 of the penal law, as amended by
 chapter 1 of the laws of 2000, paragraphs (a)  and  (b)  as  amended  by
 chapter 777 of the laws of 2023, is amended to read as follows:
   1.  A  person is guilty of course of sexual conduct against a child in
 the first degree when, over a period of time not less than three  months
 in duration[:
   (a)  he  or  she  engages in two or more acts of sexual conduct, which
 includes at least  one  act  of  vaginal  sexual  contact,  oral  sexual
 contact,  anal sexual contact or aggravated sexual contact, with a child
 less than eleven years old; or
   (b) he or she] SUCH PERSON, being eighteen years old or more,  engages
 in two or more acts of sexual conduct, which include at least one act of
 vaginal  sexual  contact,  oral  sexual  contact, anal sexual contact or
 aggravated sexual contact, with a child less than thirteen years old.
   § 12. The penal law is amended by adding a new section 130.81 to  read
 as follows:
 § 130.81 AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD.
   1. A PERSON IS GUILTY OF AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD  WHEN,  OVER  A PERIOD OF TIME NOT LESS THAN THREE MONTHS IN DURA-
 TION:
   (A) SUCH PERSON ENGAGES IN TWO OR MORE ACTS OF SEXUAL  CONDUCT,  WHICH
 INCLUDES  AT  LEAST  ONE ACT OF SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT,
 ANAL SEXUAL CONDUCT OR AGGRAVATED SEXUAL CONTACT, WITH A CHILD LESS THAN
 TWELVE YEARS OLD; OR
   (B) SUCH PERSON, BEING TWENTY-ONE YEARS OLD OR MORE, ENGAGES IN TWO OR
 MORE ACTS OF SEXUAL CONDUCT, WHICH INCLUDES AT LEAST ONE ACT  OF  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL  CONDUCT,  ANAL  SEXUAL CONDUCT OR AGGRAVATED
 SEXUAL CONTACT, WITH A CHILD LESS THAN FOURTEEN YEARS OLD.
   2. A PERSON MAY NOT BE SUBSEQUENTLY PROSECUTED FOR  ANY  OTHER  SEXUAL
 OFFENSE  INVOLVING  THE  SAME  VICTIM  UNLESS  THE OTHER CHARGED OFFENSE
 OCCURRED OUTSIDE THE TIME PERIOD CHARGED UNDER THIS SECTION.
   AGGRAVATED COURSE OF SEXUAL CONDUCT AGAINST A CHILD  IS  A  CLASS  A-I
 FELONY.
   §  13.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
 168-a of the correction law, as amended by chapter 23  of  the  laws  of
 2024, is amended to read as follows:
   (i)  a  conviction  of or a conviction for an attempt to commit any of
 the provisions of section 130.35, 130.36, 130.37, former section 130.50,
 sections 130.51, 130.65, 130.66, 130.67, 130.70, 130.71, 130.75, 130.80,
 130.81, 130.95 and 130.96 of the penal law, or
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date upon which it shall have become a law.