New York S 477: Increases the penalty for rape in the first degree

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S00477 Summary:

BILL NOS00477 

&nbsp

SAME ASSAME AS A06159

&nbsp

SPONSOROBERACKER

&nbsp

COSPNSRASHBY, BORRELLO, MATTERA, PALUMBO, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §130.35, Pen L

&nbsp

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

Go to top S00477 Actions:

BILL NOS00477 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00477 Committee&nbspVotes:

Go to topS00477 Floor&nbspVotes:

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

Go to topS00477 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 477

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. OBERACKER, ASHBY, BORRELLO, MATTERA, PALUMBO -- 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 777
 2 of the laws of 2023, 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:
 5 1. [he or she] such person engages in vaginal sexual contact with
 6 another person:
 7 (a) By forcible compulsion; or
 8 (b) Who is incapable of consent by reason of being physically help-
 9 less; or
 10 (c) Who is less than eleven years old; or
 11 (d) Who is less than thirteen years old and the actor is eighteen
 12 years old or more;
 13 2. [he or she] such person engages in oral sexual contact with another
 14 person:
 15 (a) By forcible compulsion; or
 16 (b) Who is incapable of consent by reason of being physically help-
 17 less; or
 18 (c) Who is less than eleven years old; or
 19 (d) Who is less than thirteen years old and the actor is eighteen
 20 years old or more; or
 21 3. [he or she] such person engages in anal sexual contact with another
 22 person:
 23 (a) By forcible compulsion; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01127-01-5

 S. 477 2

 1 (b) Who is incapable of consent by reason of being physically help-
 2 less; or
 3 (c) Who is less than eleven years old; or
 4 (d) Who is less than thirteen years old and the actor is eighteen
 5 years old or more.
 6 Rape in the first degree is a class [B] A-II felony.
 7 § 2. This act shall take effect immediately.

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