BILL NUMBER:  S2567

 TITLE OF BILL :
An act to amend the penal law, in relation to making incest a class B
felony


 PURPOSE OR GENERAL IDEA OF BILL :
To change the designation of incest from a class E felony to a class B
felony

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the second undesignated paragraph of §255.26 of the penal law
to designate the crime of incest as a class B felony

 JUSTIFICATION :
The current law, § 255.26 Incest in the second degree; defines those
guilty of incest through the rape of an individual that they know is
related to them as a class D felony. A class D Felony sex offense
carries a minimum of two years, not to exceed seven years.  A class B
Felony sex offense carries a minimum term of five years, not to exceed
twenty five years.

Incest is an abhorrent act which subverts the loving, trusting, family
member or guardian/child relationship, leads to extreme psychological
damage and could result in an unwanted pregnancy by the family member.
              

Incest diminishes a child's ability to trust others, undermines
self-esteem, could lead to a greater chance of depression, and many
times leads the abused to becoming abusers themselves.

A non-related adult who rapes a child under the age of eleven commits
the crime of-rape in the first degree which is a class B felony
punishable by at least 5 years and not to exceed 25 years of
imprisonment Penal law . 130.35 defines rape in the first degree as
sexual intercourse with another person who is less than eleven years
old.

The intent of this amendment to the penal law §255.26 would alter the
crime from incest to rape by imposing the sentence of rape in the
first degree which is at least 5 years and not to exceed 25 years of
imprisonment. Moreover, this change in designation eliminates the
defendant's possible ability to plead to a lower offense.

 PRIOR LEGISLATIVE HISTORY :
2008 - A.3291/Codes
2007 - A.3291/Codes

 FISCAL IMPLICATIONS :
To be determined

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.