Bill Text: NY S00477 | 2025-2026 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00477 Detail]

Download: New_York-2025-S00477-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           477

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section  1. Section 130.35 of the penal law, as amended by chapter 777
     2  of the laws of 2023, is amended to read as follows:
     3  § 130.35 Rape in the first degree.
     4    A person is guilty of rape in the first degree when:
     5    1. [he or she] such person engages  in  vaginal  sexual  contact  with
     6  another person:
     7    (a) By forcible compulsion; or
     8    (b)  Who  is  incapable of consent by reason of being physically help-
     9  less; or
    10    (c) Who is less than eleven years old; or
    11    (d) Who is less than thirteen years old  and  the  actor  is  eighteen
    12  years old or more;
    13    2. [he or she] such person engages in oral sexual contact with another
    14  person:
    15    (a) By forcible compulsion; or
    16    (b)  Who  is  incapable of consent by reason of being physically help-
    17  less; or
    18    (c) Who is less than eleven years old; or
    19    (d) Who is less than thirteen years old  and  the  actor  is  eighteen
    20  years old or more; or
    21    3. [he or she] such person engages in anal sexual contact with another
    22  person:
    23    (a) By forcible compulsion; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01127-01-5
        S. 477                              2

     1    (b)  Who  is  incapable of consent by reason of being physically help-
     2  less; or
     3    (c) Who is less than eleven years old; or
     4    (d)  Who  is  less  than  thirteen years old and the actor is eighteen
     5  years old or more.
     6    Rape in the first degree is a class [B] A-II felony.
     7    § 2. This act shall take effect immediately.