S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6230
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON,  FALL, HEVESI, STERN, K. BROWN,
   SLATER, HAWLEY, ANGELINO, JONES --  read  once  and  referred  to  the
   Committee on Codes
 
 AN ACT to amend the penal law and the correction law, in relation to sex
   offenses  committed  against  children  under  12 years of age and sex
   offenses committed by persons 21 years old or older  against  children
   under 14 years of age
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 ENDANGERING THE WELFARE OF A CHILD AS  DEFINED  IN  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10328-01-5
              

 A. 6230                             2
 
 260.10,  RAPE  OF  A CHILD AS DEFINED IN SECTION 130.36, 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.
   § 2. 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]  THE  ACTOR
 intentionally causes the death of such person.
   § 3. 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
   (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.
   § 4. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 130.36 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.
   §  5.  The penal law is amended by adding a new section 130.51 to read
 as follows:
 A. 6230                             3
 
 § 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.
   § 6. 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 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].
   §  7.  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
 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 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.
   § 8. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of  the
 penal law, as amended by chapter 777 of the laws of 2023, are amended to
 read as follows:
   [(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.
   § 9. 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
 A. 6230                             4
 
 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.
   § 10. 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  sections  120.70,  130.20,  130.25, 130.30, 130.36,
 former section 130.40, former section 130.45, sections  130.51,  130.60,
 130.71,  130.81,  230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
 article two hundred sixty-three of the penal  law,  or  section  135.05,
 135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
 provided the victim of such kidnapping or related offense is  less  than
 seventeen years old and the offender is not the parent of the victim, or
 section  230.04, where the person patronized is in fact less than seven-
 teen years of age, 230.05, 230.06, 230.11, 230.12,  230.13,  subdivision
 two  of  section  230.30, section 230.32, 230.33, or 230.34 of the penal
 law, or section 230.25 of the penal law where the person prostituted  is
 in fact less than seventeen years old, or
   §  11.  This  act  shall  take  effect  immediately and shall apply to
 offenses committed on or after  such  effective  date;  furthermore  all
 offenses committed prior to such effective date shall be governed by the
 provisions of law in effect immediately before such date.