New York A 10412: Replaces the word rape with the term sexual battery

Bill Text

STATE OF NEW YORK
________________________________________________________________________
10412
IN ASSEMBLY
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morinello)
-- 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 public service 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 1 of
2 the laws of 2000, is amended to read as follows:
3 § 130.25 [ ] in the third degree.Rape Sexual battery
4 A person is guilty of [ ] in the third degree when:rape sexual battery
5 1. He or she engages in sexual intercourse with another person who is
6 incapable of consent by reason of some factor other than being less than
7 seventeen years old;
8 2. Being twenty-one years old or more, he or she engages in sexual
9 intercourse with another person less than seventeen years old; or
10 3. He or she engages in sexual intercourse with another person without
11 such person's consent where such lack of consent is by reason of some
12 factor other than incapacity to consent.
13 [ ] in the third degree is a class E felony.Rape Sexual battery
14 § 2. Section 130.30 of the penal law, as amended by chapter 1 of the
15 laws of 2000, is amended to read as follows:
16 § 130.30 [ ] in the second degree.Rape Sexual battery
17 A person is guilty of [ ] in the second degree when:rape sexual battery
18 1. being eighteen years old or more, he or she engages in sexual
19 intercourse with another person less than fifteen years old; or
20 2. he or she engages in sexual intercourse with another person who is
21 incapable of consent by reason of being mentally disabled or mentally
22 incapacitated.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD15272-01-2

A. 10412 2
1 It shall be an affirmative defense to the crime of [ ] rape sexual
2 in the second degree as defined in subdivision one of thisbattery
3 section that the defendant was less than four years older than the
4 victim at the time of the act.
5 [ ] in the second degree is a class D felony.Rape Sexual battery
6 § 3. Section 130.35 of the penal law, as amended by chapter 1 of the
7 laws of 2000, is amended to read as follows:
8 § 130.35 [ ] in the first degree.Rape Sexual battery
9 A person is guilty of [ ] in the first degree whenrape sexual battery
10 he or she engages in sexual intercourse with another person:
11 1. By forcible compulsion; or
12 2. Who is incapable of consent by reason of being physically helpless;
13 or
14 3. Who is less than eleven years old; or
15 4. Who is less than thirteen years old and the actor is eighteen years
16 old or more.
17 [ ] in the first degree is a class B felony.Rape Sexual battery
18 § 4. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
19 as amended by chapter 7 of the laws of 2007, is amended to read as
20 follows:
21 (2) a person fourteen or fifteen years old who is criminally responsi-
22 ble for acts constituting the crimes defined in subdivisions one and two
23 of section 125.25 (murder in the second degree) and in subdivision three
24 of such section provided that the underlying crime for the murder charge
25 is one for which such person is criminally responsible; section 135.25
26 (kidnapping in the first degree); 150.20 (arson in the first degree);
27 subdivisions one and two of section 120.10 (assault in the first
28 degree); 125.20 (manslaughter in the first degree); subdivisions one and
29 two of section 130.35 [ ] in the first degree);(rape (sexual battery
30 subdivisions one and two of section 130.50 (criminal sexual act in the
31 first degree); 130.70 (aggravated sexual abuse in the first degree);
32 140.30 (burglary in the first degree); subdivision one of section 140.25
33 (burglary in the second degree); 150.15 (arson in the second degree);
34 160.15 (robbery in the first degree); subdivision two of section 160.10
35 (robbery in the second degree) of this chapter; or section 265.03 of
36 this chapter, where such machine gun or such firearm is possessed on
37 school grounds, as that phrase is defined in subdivision fourteen of
38 section 220.00 of this chapter; or defined in this chapter as an attempt
39 to commit murder in the second degree or kidnapping in the first degree,
40 or such conduct as a sexually motivated felony, where authorized pursu-
41 ant to section 130.91 of [ ] .the penal law this chapter
42 § 5. Subdivision 2 of section 30.00 of the penal law, as amen