Bill Text: NY A04966 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the crime of aggravated rape when a defendant, knowing he or she is a carrier of HIV, engages in certain sexual intercourse acts; such crime is a class A-II felony.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04966 Detail]
Download: New_York-2011-A04966-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4966
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN, GALEF, DINOWITZ, HOOPER -- Multi-Spon-
sored by -- M. of A. MAGEE, McDONOUGH, ORTIZ, PAULIN, PHEFFER, SWEE-
NEY, WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of aggravated
rape
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new section 130.36 to
2 read as follows:
3 S 130.36 AGGRAVATED RAPE.
4 A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN, KNOWING HE OR SHE IS A
5 CARRIER OF THE HUMAN IMMUNODEFICIENCY VIRUS, HE OR SHE ENGAGES IN SEXUAL
6 INTERCOURSE WITH ANOTHER PERSON:
7 1. BY FORCIBLE COMPULSION; OR
8 2. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS
9 OR MENTALLY INCOMPETENT; OR
10 3. WHO IS LESS THAN ELEVEN YEARS OLD.
11 AGGRAVATED RAPE IS A CLASS A-II FELONY.
12 S 2. This act shall take effect on the first of November next
13 succeeding 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.
LBD08651-01-1
