New York A 6399: Replaces the word rape with the term sexual battery

Bill Text

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A06399 Summary:

BILL NOA06399 

&nbsp

SAME ASNo Same As

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SPONSORMorinello

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COSPNSRDeStefano, Hawley

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MLTSPNSR

&nbsp

Amd Pen L, generally; amd CP L, generally; amd §123, Ag & Mkts L; amd §§213-c, 215 & 4510, CPLR; amd §§111-a,
115-d & 240, Dom Rel L; amd §§6444, 7605, 7706 & 8410, Ed L; amd §§296, 631, 641, 642 & 840, Exec L; amd
§§117, 301.2, 308.1 & 1046, Fam Ct Act; amd §654-a, Gen Bus L; amd §4, Judy L; amd §196-b, Lab L; amd §§206,
695, 695-a, 695-b, 2805-i & 2805-p, Art 6-A Art Head, Pub Health L; amd §§131. 378-a & 384-c, Soc Serv L; amd
§§6-125, 9-156, 14-150, 14-161, 14-171, 14-180 & 20-914, NYC Ad Cd

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Replaces the word rape with the term sexual battery.

Go to top A06399 Actions:

BILL NOA06399 

&nbsp

03/04/2025referred to codes

01/07/2026referred to codes

Go to topA06399 Committee&nbspVotes:

Go to topA06399 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06399 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6399

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

 Introduced by M. of A. MORINELLO, DeSTEFANO, HAWLEY -- read once and
 referred to the Committee on Codes

 AN ACT to amend the penal law, the agriculture and markets law, the
 criminal procedure law, the civil practice law and rules, the domestic
 relations law, the education law, the executive law, the family court
 act, the general business law, the judiciary law, the labor law, the
 public health law, the social services law and the administrative code
 of the city of New York, in relation to replacing the word rape with
 the term sexual battery

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 130.25 of the penal law, as amended by chapter 777
 2 of the laws of 2023, is amended to read as follows:
 3 § 130.25 [Rape] Sexual battery in the third degree.
 4 A person is guilty of [rape] sexual battery in the third degree when:
 5 1. [He or she] Such person engages in vaginal sexual contact with
 6 another person who is incapable of consent by reason of some factor
 7 other than being less than seventeen years old;
 8 2. [He or she] Such person engages in oral sexual contact with another
 9 person who is incapable of consent by reason of some factor other than
 10 being less than seventeen years old;
 11 3. [He or she] Such person engages in anal sexual contact with another
 12 person who is incapable of consent by reason of some other factor other
 13 than being less than seventeen years old;
 14 4. Being twenty-one years old or more, [he or she] such person engages
 15 in vaginal sexual contact with another person less than seventeen years
 16 old;
 17 5. Being twenty-one years old or more, [he or she] such person engages
 18 in oral sexual contact with another person less than seventeen years
 19 old;
 20 6. Being twenty-one years old or more, [he or she] such person engages
 21 in anal sexual contact with another person less than seventeen years
 22 old;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09192-01-5

 A. 6399 2

 1 7. [He or she] Such person engages in vaginal sexual contact with
 2 another person without such person's consent where such lack of consent
 3 is by reason of some factor other than incapacity to consent;
 4 8. [He or she] Such person engages in oral sexual contact with another
 5 person without such person's consent where such lack of consent is by
 6 reason of some factor other than incapacity to consent; or
 7 9. [He or she] Such person engages in anal sexual contact with another
 8 person without such person's consent where such lack of consent is by
 9 reason of some factor other than the incapacity to consent.
 10 [Rape] Sexual battery in the third degree is a class E felony.
 11 § 2. Section 130.30 of the penal law, as amended by chapter 777 of the
 12 laws of 2023, is amended to read as follows:
 13 § 130.30 [Rape] Sexual battery in the second degree.
 14 A person is guilty of [rape] sexual battery in the second degree when:
 15 1. being eighteen years old or more, [he or she