New York A 4310: Enacts "Kimberlee's law" relating to establishing the offense of aggravated rape and criminal sentencing for defendants convicted of certain sexual offenses

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A04310 Summary:

BILL NOA04310 

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SAME ASNo Same As

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SPONSORButtenschon

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COSPNSR

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MLTSPNSR

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Add §130.36, amd §70.80, Pen L

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Establishes the offense of aggravated rape; provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

Go to top A04310 Actions:

BILL NOA04310 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04310 Committee&nbspVotes:

Go to topA04310 Floor&nbspVotes:

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

Go to topA04310 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4310

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. BUTTENSCHON -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law, in relation to establishing the offense
 of aggravated rape and criminal sentencing for defendants convicted of
 certain sexual offenses

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 "Kimberlee's law".
 3 § 2. The penal law is amended by adding a new section 130.36 to read
 4 as follows:
 5 § 130.36 Aggravated rape.
 6 A person is guilty of aggravated rape when such person engages in
 7 sexual intercourse with another person:
 8 1. With intent to cause serious physical injury; and
 9 2. Such person is armed with a deadly weapon or dangerous instrument,
 10 or any object used in a manner to lead the victim to reasonably believe
 11 such object to be a deadly weapon or dangerous instrument; and
 12 (a) By forcible compulsion; or
 13 (b) Such victim is incapable of consent by reason of being physically
 14 helpless; or
 15 (c) Such victim is less than eleven years old; or
 16 (d) Such victim is less than thirteen years old and the actor is eigh-
 17 teen years old or more.
 18 Aggravated rape is a class A felony.
 19 § 3. Section 70.80 of the penal law is amended by adding a new subdi-
 20 vision 10 to read as follows:
 21 10. Sentence of imprisonment for an offender of certain felony sex
 22 offenses. An offender convicted of rape in the first degree pursuant to
 23 section 130.35 of this chapter or an offender convicted of aggravated
 24 rape pursuant to section 130.36 of this chapter shall not be released

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07244-01-5

 A. 4310 2

 1 pursuant to section 70.40 of this article until such minimum sentence
 2 shall have been served.
 3 § 4. This act shall take effect on the ninetieth day after it shall
 4 have become a law.

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