Bill Text: NY S00830 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases the penalties for the violent sex offenses of rape, criminal sexual act and aggravated sexual abuse when committed in a forcible manner where an actor or accomplice is armed with or displays a deadly weapon, uses or threatens the use of a dangerous instrument or inflicts physical injury upon the victim.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S00830 Detail]
Download: New_York-2017-S00830-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 830 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sens. YOUNG, BONACIC, FUNKE, LARKIN, O'MARA, ORTT, RANZEN- HOFER -- 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 aggravated sexual offenses; and to amend the criminal procedure law, in relation to youthful offender status The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section 2 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter 368 3 of the laws of 2015, and paragraph (b) as amended by chapter 1 of the 4 laws of 2013, are amended to read as follows: 5 (a) Class B violent felony offenses: an attempt to commit the class 6 A-I felonies of murder in the second degree as defined in section 7 125.25, kidnapping in the first degree as defined in section 135.25, and 8 arson in the first degree as defined in section 150.20; manslaughter in 9 the first degree as defined in section 125.20, aggravated manslaughter 10 in the first degree as defined in section 125.22, rape in the first 11 degree as defined in section 130.35, criminal sexual act in the first 12 degree as defined in section 130.50, aggravated sexual abuse in the 13 [first] second degree as defined in section 130.70, course of sexual 14 conduct against a child in the first degree as defined in section 15 130.75; assault in the first degree as defined in section 120.10, 16 kidnapping in the second degree as defined in section 135.20, burglary 17 in the first degree as defined in section 140.30, arson in the second 18 degree as defined in section 150.15, robbery in the first degree as 19 defined in section 160.15, sex trafficking as defined in paragraphs (a) 20 and (b) of subdivision five of section 230.34, incest in the first 21 degree as defined in section 255.27, criminal possession of a weapon in 22 the first degree as defined in section 265.04, criminal use of a firearm 23 in the first degree as defined in section 265.09, criminal sale of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05785-01-7S. 830 2 1 firearm in the first degree as defined in section 265.13, aggravated 2 assault upon a police officer or a peace officer as defined in section 3 120.11, gang assault in the first degree as defined in section 120.07, 4 intimidating a victim or witness in the first degree as defined in 5 section 215.17, hindering prosecution of terrorism in the first degree 6 as defined in section 490.35, criminal possession of a chemical weapon 7 or biological weapon in the second degree as defined in section 490.40, 8 and criminal use of a chemical weapon or biological weapon in the third 9 degree as defined in section 490.47. 10 (b) Class C violent felony offenses: an attempt to commit any of the 11 class B felonies set forth in paragraph (a) of this subdivision; aggra- 12 vated criminally negligent homicide as defined in section 125.11, aggra- 13 vated manslaughter in the second degree as defined in section 125.21, 14 aggravated sexual abuse in the [second] third degree as defined in 15 section 130.67, assault on a peace officer, police officer, fireman or 16 emergency medical services professional as defined in section 120.08, 17 assault on a judge as defined in section 120.09, gang assault in the 18 second degree as defined in section 120.06, strangulation in the first 19 degree as defined in section 121.13, burglary in the second degree as 20 defined in section 140.25, robbery in the second degree as defined in 21 section 160.10, criminal possession of a weapon in the second degree as 22 defined in section 265.03, criminal use of a firearm in the second 23 degree as defined in section 265.08, criminal sale of a firearm in the 24 second degree as defined in section 265.12, criminal sale of a firearm 25 with the aid of a minor as defined in section 265.14, aggravated crimi- 26 nal possession of a weapon as defined in section 265.19, soliciting or 27 providing support for an act of terrorism in the first degree as defined 28 in section 490.15, hindering prosecution of terrorism in the second 29 degree as defined in section 490.30, and criminal possession of a chemi- 30 cal weapon or biological weapon in the third degree as defined in 31 section 490.37. 32 (c) Class D violent felony offenses: an attempt to commit any of the 33 class C felonies set forth in paragraph (b); reckless assault of a child 34 as defined in section 120.02, assault in the second degree as defined in 35 section 120.05, menacing a police officer or peace officer as defined in 36 section 120.18, stalking in the first degree, as defined in subdivision 37 one of section 120.60, strangulation in the second degree as defined in 38 section 121.12, rape in the second degree as defined in section 130.30, 39 criminal sexual act in the second degree as defined in section 130.45, 40 sexual abuse in the first degree as defined in section 130.65, course of 41 sexual conduct against a child in the second degree as defined in 42 section 130.80, aggravated sexual abuse in the [third] fourth degree as 43 defined in section 130.66, facilitating a sex offense with a controlled 44 substance as defined in section 130.90, labor trafficking as defined in 45 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 46 possession of a weapon in the third degree as defined in subdivision 47 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 48 a firearm in the third degree as defined in section 265.11, intimidating 49 a victim or witness in the second degree as defined in section 215.16, 50 soliciting or providing support for an act of terrorism in the second 51 degree as defined in section 490.10, and making a terroristic threat as 52 defined in section 490.20, falsely reporting an incident in the first 53 degree as defined in section 240.60, placing a false bomb or hazardous 54 substance in the first degree as defined in section 240.62, placing a 55 false bomb or hazardous substance in a sports stadium or arena, mass 56 transportation facility or enclosed shopping mall as defined in sectionS. 830 3 1 240.63, and aggravated unpermitted use of indoor pyrotechnics in the 2 first degree as defined in section 405.18. 3 § 2. The penal law is amended by adding three new sections 130.36, 4 130.51 and 130.71 to read as follows: 5 § 130.36 Aggravated rape. 6 A male is guilty of aggravated rape when he engages in sexual inter- 7 course with a female by forcible compulsion and when, in the course of 8 the commission of the crime or of immediate flight therefrom, he or 9 another participant in the crime: 10 1. Is armed with a deadly weapon; or 11 2. Uses or threatens the use of a dangerous instrument; or 12 3. Causes physical injury to any person who is not a participant in 13 the crime; or 14 4. Displays what appears to be a firearm. 15 Aggravated rape is a class A-II felony. 16 § 130.51 Aggravated criminal sexual act. 17 A person is guilty of aggravated criminal sexual act when he or she 18 engages in oral sexual conduct or anal sexual conduct with another 19 person by forcible compulsion and when, in the course of the commission 20 of the crime or of immediate flight therefrom, he, she or another 21 participant in the crime: 22 1. Is armed with a deadly weapon; or 23 2. Uses or threatens the use of a dangerous instrument; or 24 3. Causes physical injury to any person who is not a participant in 25 the crime; or 26 4. Displays what appears to be a firearm. 27 Aggravated criminal sexual act is a class A-II felony. 28 § 130.71 Aggravated sexual abuse in the first degree. 29 1. A person is guilty of aggravated sexual abuse in the first degree 30 when he or she inserts a finger or foreign object in the vagina, ureth- 31 ra, penis or rectum of another person by forcible compulsion causing 32 physical injury to such person and when, in the course of the commission 33 of the crime or of immediate flight therefrom, he, she or another 34 participant in the crime: 35 (a) Is armed with a deadly weapon; or 36 (b) Uses or threatens the use of a dangerous instrument; or 37 (c) Causes physical injury to any person who is not a participant in 38 the crime; or 39 (d) Displays what appears to be a firearm. 40 2. Conduct performed for a valid medical purpose does not violate the 41 provisions of this section. 42 Aggravated sexual abuse in the first degree is a class A-II felony. 43 § 3. Section 130.65-a of the penal law, as added by chapter 1 of the 44 laws of 2000, subdivision 1 as amended by chapter 485 of the laws of 45 2009, is amended to read as follows: 46 § 130.65-a Aggravated sexual abuse in the [fourth] fifth degree. 47 1. A person is guilty of aggravated sexual abuse in the [fourth] fifth 48 degree when: 49 (a) He or she inserts a foreign object in the vagina, urethra, penis, 50 rectum or anus of another person and the other person is incapable of 51 consent by reason of some factor other than being less than seventeen 52 years old; or 53 (b) He or she inserts a finger in the vagina, urethra, penis, rectum 54 or anus of another person causing physical injury to such person and 55 such person is incapable of consent by reason of some factor other than 56 being less than seventeen years old.S. 830 4 1 2. Conduct performed for a valid medical purpose does not violate the 2 provisions of this section. 3 Aggravated sexual abuse in the [fourth] fifth degree is a class E 4 felony. 5 § 4. Section 130.66 of the penal law, as added by chapter 181 of the 6 laws of 1996, subdivisions 1 and 2 as amended by chapter 485 of the laws 7 of 2009, subdivision 3 as renumbered by chapter 1 of the laws of 2000, 8 is amended to read as follows: 9 § 130.66 Aggravated sexual abuse in the [third] fourth degree. 10 1. A person is guilty of aggravated sexual abuse in the [third] fourth 11 degree when he or she inserts a foreign object in the vagina, urethra, 12 penis, rectum or anus of another person: 13 (a) By forcible compulsion; or 14 (b) When the other person is incapable of consent by reason of being 15 physically helpless; or 16 (c) When the other person is less than eleven years old. 17 2. A person is guilty of aggravated sexual abuse in the [third] fourth 18 degree when he or she inserts a foreign object in the vagina, urethra, 19 penis, rectum or anus of another person causing physical injury to such 20 person and such person is incapable of consent by reason of being 21 mentally disabled or mentally incapacitated. 22 3. Conduct performed for a valid medical purpose does not violate the 23 provisions of this section. 24 Aggravated sexual abuse in the [third] fourth degree is a class D 25 felony. 26 § 5. Section 130.67 of the penal law, as added by chapter 450 of the 27 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 28 ter 485 of the laws of 2009, is amended to read as follows: 29 § 130.67 Aggravated sexual abuse in the [second] third degree. 30 1. A person is guilty of aggravated sexual abuse in the [second] 31 third degree when he or she inserts a finger in the vagina, urethra, 32 penis, rectum or anus of another person causing physical injury to such 33 person: 34 (a) By forcible compulsion; or 35 (b) When the other person is incapable of consent by reason of being 36 physically helpless; or 37 (c) When the other person is less than eleven years old. 38 2. Conduct performed for a valid medical purpose does not violate the 39 provisions of this section. 40 Aggravated sexual abuse in the [second] third degree is a class C 41 felony. 42 § 6. Section 130.70 of the penal law, as amended by chapter 450 of the 43 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 44 ter 485 of the laws of 2009, is amended to read as follows: 45 § 130.70 Aggravated sexual abuse in the [first] second degree. 46 1. A person is guilty of aggravated sexual abuse in the [first] 47 second degree when he or she inserts a foreign object in the vagina, 48 urethra, penis, rectum or anus of another person causing physical injury 49 to such person: 50 (a) By forcible compulsion; or 51 (b) When the other person is incapable of consent by reason of being 52 physically helpless; or 53 (c) When the other person is less than eleven years old. 54 2. Conduct performed for a valid medical purpose does not violate the 55 provisions of this section.S. 830 5 1 Aggravated sexual abuse in the [first] second degree is a class B 2 felony. 3 § 7. Subdivisions 2 and 3 of section 720.10 of the criminal procedure 4 law, subdivision 2 as amended by chapter 416 of the laws of 1986, para- 5 graph (a) of subdivision 2 as amended by chapter 316 of the laws of 2006 6 and subdivision 3 as amended by chapter 264 of the laws of 2003, are 7 amended to read as follows: 8 2. "Eligible youth" means a youth who is eligible to be found a 9 youthful offender. Every youth is so eligible unless: 10 (a) the conviction to be replaced by a youthful offender finding is 11 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 12 defined in subdivision forty-one of section 1.20, except as provided in 13 subdivision three, or (iii) rape in the first degree, criminal sexual 14 act in the first degree, or aggravated sexual abuse in the second 15 degree, except as provided in subdivision three, or 16 (b) such youth has previously been convicted and sentenced for a felo- 17 ny, or 18 (c) such youth has previously been adjudicated a youthful offender 19 following conviction of a felony or has been adjudicated on or after 20 September first, nineteen hundred seventy-eight a juvenile delinquent 21 who committed a designated felony act as defined in the family court 22 act. 23 3. Notwithstanding the provisions of subdivision two, a youth who has 24 been convicted of an armed felony offense or of rape in the first 25 degree, criminal sexual act in the first degree, or aggravated sexual 26 abuse in the second degree is an eligible youth if the court determines 27 that one or more of the following factors exist: (i) mitigating circum- 28 stances that bear directly upon the manner in which the crime was 29 committed; or (ii) where the defendant was not the sole participant in 30 the crime, the defendant's participation was relatively minor although 31 not so minor as to constitute a defense to the prosecution. Where the 32 court determines that the eligible youth is a youthful offender, the 33 court shall make a statement on the record of the reasons for its deter- 34 mination, a transcript of which shall be forwarded to the state division 35 of criminal justice services, to be kept in accordance with the 36 provisions of subdivision three of section eight hundred thirty-seven-a 37 of the executive law. 38 § 8. This act shall take effect on the first of November next succeed- 39 ing the date on which it shall have become a law.
