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Senate Bill S477

2025-2026 Legislative Session

Increases the penalty for rape in the first degree

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Current Bill Status - In Senate Committee Codes Committee

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2025-S477 (ACTIVE) - Details

See Assembly Version of this Bill:
A6159
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5396, A7683
2021-2022: S5334, A5477
2023-2024: S1166, A4286

2025-S477 (ACTIVE) - Summary

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

2025-S477 (ACTIVE) - Sponsor Memo

2025-S477 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    477
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. OBERACKER, ASHBY, BORRELLO, MATTERA, PALUMBO -- 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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