Bill Text: NY S05396 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05396 Detail]

Download: New_York-2019-S05396-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5396
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 29, 2019
                                       ___________
        Introduced  by  Sen.  SEWARD -- 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 1 of
     2  the laws of 2000, 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 he or she engages
     5  in sexual intercourse with another person:
     6    1. By forcible compulsion; or
     7    2. Who is incapable of consent by reason of being physically helpless;
     8  or
     9    3. Who is less than eleven years old; or
    10    4. Who is less than thirteen years old and the actor is eighteen years
    11  old or more.
    12    Rape in the first degree is a class [B] A-II felony.
    13    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11233-01-9