Bill Text: NY A00646 | 2017-2018 | General Assembly | Introduced

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Bill Title: Expands the definition of criminal sexual act in the first degree to include cases of incest when the victim is under 17 years of age and the actor is over 18 years of age.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A00646 Detail]

Download: New_York-2017-A00646-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           646
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  GUNTHER, DILAN, SIMANOWITZ, PAULIN, SKOUFIS,
          LIFTON, JAFFEE, COLTON, WOERNER, CROUCH, SALADINO, RAIA, FINCH, PALUM-
          BO -- Multi-Sponsored by -- M. of A. ABBATE, PALMESANO, SIMON --  read
          once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to criminal sexual act 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 130.50 of the penal law, as amended by chapter  264
     2  of the laws of 2003, is amended to read as follows:
     3  § 130.50 Criminal sexual act in the first degree.
     4    A  person is guilty of criminal sexual act in the first degree when he
     5  or she engages in oral sexual conduct or anal sexual conduct with anoth-
     6  er person:
     7    1. By forcible compulsion; or
     8    2. Who is incapable of consent by reason of being physically helpless;
     9  or
    10    3. Who is less than eleven years old; or
    11    4. Who is less than thirteen years old and the actor is eighteen years
    12  old or more; or
    13    5. Who is less than seventeen years old  and  the  actor  is  eighteen
    14  years  old or more and whom he or she knows to be related to him or her,
    15  whether through marriage or not, as an ancestor, descendant, brother  or
    16  sister  of  either  the  whole or the half blood, uncle, aunt, nephew or
    17  niece.
    18    Criminal sexual act in the first degree is a class B felony.
    19    § 2. This act shall take effect on the first of November next succeed-
    20  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03658-01-7