S. 3710--C 2
1. He or she engages in [oral sexual conduct or] anal sexual conduct
with a person who is incapable of consent by reason of some factor other
than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in [oral
sexual conduct or] anal sexual conduct with a person less than seventeen
years old; or
3. He or she engages in [oral sexual conduct or] anal sexual conduct
with another person without such person's consent where such lack of
consent is by reason of some factor other than incapacity to consent.
[Criminal sexual act] ANAL RAPE in the third degree is a class E felo-
ny.
S 3. Section 130.45 of the penal law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
S 130.45 [Criminal sexual act] ANAL RAPE in the second degree.
A person is guilty of [criminal sexual act] ANAL RAPE in the second
degree when:
1. being eighteen years old or more, he or she engages in [oral sexual
conduct or] anal sexual conduct with another person less than fifteen
years old; or
2. he or she engages in [oral sexual conduct or] anal sexual conduct
with another person who is incapable of consent by reason of being
mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of [criminal sexual
act] ANAL RAPE in the second degree as defined in subdivision one of
this section that the defendant was less than four years older than the
victim at the time of the act.
[Criminal sexual act] ANAL RAPE in the second degree is a class D
felony.
S 4. Section 130.50 of the penal law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
S 130.50 [Criminal sexual act] ANAL RAPE in the first degree.
A person is guilty of [criminal sexual act] ANAL RAPE in the first
degree when he or she engages in [oral sexual conduct or] anal sexual
conduct with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
[Criminal sexual act] ANAL RAPE in the first degree is a class B felo-
ny.
S 5. The penal law is amended by adding a new section 130.37 to read
as follows:
S 130.37 ORAL RAPE IN THE THIRD DEGREE.
A PERSON IS GUILTY OF ORAL RAPE IN THE THIRD DEGREE WHEN:
1. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT WITH A PERSON WHO IS INCA-
PABLE OF CONSENT BY REASON OF SOME FACTOR OTHER THAN BEING LESS THAN
SEVENTEEN YEARS OLD;
2. BEING TWENTY-ONE YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXU-
AL CONDUCT WITH A PERSON LESS THAN SEVENTEEN YEARS OLD; OR
3. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT WITH ANOTHER PERSON WITH-
OUT SUCH PERSON'S CONSENT WHERE SUCH LACK OF CONSENT IS BY REASON OF
SOME FACTOR OTHER THAN INCAPACITY TO CONSENT.
ORAL RAPE IN THE THIRD DEGREE IS A CLASS E FELONY.
S. 3710--C 3
S 6. The penal law is amended by adding a new section 130.38 to read
as follows:
S 130.38 ORAL RAPE IN THE SECOND DEGREE.
A PERSON IS GUILTY OF ORAL RAPE IN THE SECOND DEGREE WHEN:
1. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE ENGAGES IN ORAL SEXUAL
CONDUCT WITH ANOTHER PERSON LESS THAN FIFTEEN YEARS OLD; OR
2. HE OR SHE ENGAGES IN ORAL SEXUAL CONDUCT WITH ANOTHER PERSON WHO IS
INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY DISABLED OR MENTALLY
INCAPACITATED.
IT SHALL BE AN AFFIRMATIVE DEFENSE TO THE CRIME OF ORAL RAPE IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF THIS SECTION THAT THE
DEFENDANT WAS LESS THAN FOUR YEARS OLDER THAN THE VICTIM AT THE TIME OF
THE ACT.
ORAL RAPE IN THE SECOND DEGREE IS A CLASS D FELONY.
S 7. The penal law is amended by adding a new section 130.39 to read
as follows:
S 130.39 ORAL RAPE IN THE FIRST DEGREE.
A PERSON IS GUILTY OF ORAL RAPE IN THE FIRST DEGREE WHEN HE OR SHE
ENGAGES IN ORAL SEXUAL CONDUCT WITH ANOTHER PERSON:
1. BY FORCIBLE COMPULSION; OR
2. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING PHYSICALLY HELPLESS;
OR
3. WHO IS LESS THAN ELEVEN YEARS OLD; OR
4. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
OLD OR MORE.
ORAL RAPE IN THE FIRST DEGREE IS A CLASS B FELONY.
S 8. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in the first degree);
subdivisions one and two of section 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions one and
two of section 130.50 ([criminal sexual act] ANAL RAPE in the first
degree); SUBDIVISIONS ONE AND TWO OF SECTION 130.39 (ORAL RAPE IN THE
FIRST DEGREE); 130.70 (aggravated sexual abuse in the first degree);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER.
S 9. Subdivision 2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
2. A person thirteen, fourteen or fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 and in subdivision three
S. 3710--C 4
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible or for such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of [the penal law] THIS CHAPTER; and a person fourteen or
fifteen years of age is criminally responsible for acts constituting the
crimes defined in section 135.25 (kidnapping in the first degree);
150.20 (arson in the first degree); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 ([criminal sexual
act] ANAL RAPE in the first degree); SUBDIVISIONS ONE AND TWO OF SECTION
130.39 (ORAL RAPE IN THE FIRST DEGREE); 130.70 (aggravated sexual abuse
in the first degree); 140.30 (burglary in the first degree); subdivision
one of section 140.25 (burglary in the second degree); 150.15 (arson in
the second degree); 160.15 (robbery in the first degree); subdivision
two of section 160.10 (robbery in the second degree) of this chapter; or
section 265.03 of this chapter, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the
first degree, or for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of [the penal law] THIS CHAPTER.
S 10. Paragraph (b) of subdivision 2 of section 35.15 of the penal
law, as amended by chapter 511 of the laws of 2004, is amended to read
as follows:
(b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, forcible [criminal
sexual act] ANAL RAPE, FORCIBLE ORAL RAPE or robbery; or
S 11. Paragraph (b) of subdivision 4 of section 35.30 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended to read
as follows:
(b) Effect the arrest of a person who has committed murder,
manslaughter in the first degree, robbery, forcible rape [or], forcible
[criminal sexual act] ANAL RAPE OR FORCIBLE ORAL RAPE and who is in
immediate flight therefrom.
S 12. Paragraph (a) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 320 of the laws of 2006, is amended to read
as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, [criminal sexual act] ANAL RAPE in
the first degree as defined in section 130.50, ORAL RAPE IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.39, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
defined in section 150.15, robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon in the first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
S. 3710--C 5
in section 265.09, criminal sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined in section 490.35, criminal
possession of a chemical weapon or biological weapon in the second
degree as defined in section 490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as defined in section
490.47.
S 13. Paragraph (c) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended to read
as follows:
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
[criminal sexual act] ANAL RAPE in the second degree as defined in
section 130.45, ORAL RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.38, sexual abuse in the first degree as defined in section 130.65,
course of sexual conduct against a child in the second degree as defined
in section 130.80, aggravated sexual abuse in the third degree as
defined in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven or eight
of section 265.02, criminal sale of a firearm in the third degree as
defined in section 265.11, intimidating a victim or witness in the
second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
S 14. Paragraph (c) of subdivision 1 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read as
follows:
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
[criminal sexual act] ANAL RAPE in the second degree as defined in
section 130.45, ORAL RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.38, sexual abuse in the first degree as defined in section 130.65,
course of sexual conduct against a child in the second degree as defined
in section 130.80, aggravated sexual abuse in the third degree as
defined in section 130.66, facilitating a sex offense with a controlled
S. 3710--C 6
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven, eight,
nine or ten of section 265.02, criminal sale of a firearm in the third
degree as defined in section 265.11, intimidating a victim or witness in
the second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
S 15. The opening paragraph of subdivision 3 of section 125.25 of the
penal law, as amended by chapter 264 of the laws of 2003, is amended to
read as follows:
Acting either alone or with one or more other persons, he commits or
attempts to commit robbery, burglary, kidnapping, arson, rape in the
first degree, [criminal sexual act] ANAL RAPE in the first degree, ORAL
RAPE IN THE FIRST DEGREE, sexual abuse in the first degree, aggravated
sexual abuse, escape in the first degree, or escape in the second
degree, and, in the course of and in furtherance of such crime or of
immediate flight therefrom, he, or another participant, if there be any,
causes the death of a person other than one of the participants; except
that in any prosecution under this subdivision, in which the defendant
was not the only participant in the underlying crime, it is an affirma-
tive defense that the defendant:
S 16. Subdivision 5 of section 125.25 of the penal law, as amended by
chapter 320 of the laws of 2006, is amended to read as follows:
5. Being eighteen years old or more, while in the course of committing
rape in the first, second or third degree, [criminal sexual act] ANAL
RAPE in the first, second or third degree, ORAL RAPE IN THE FIRST,
SECOND OR THIRD DEGREE, sexual abuse in the first degree, aggravated
sexual abuse in the first, second, third or fourth degree, or incest in
the first, second or third degree, against a person less than fourteen
years old, he or she intentionally causes the death of such person.
S 17. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
(vii) the victim was killed while the defendant was in the course of
committing or attempting to commit and in furtherance of robbery,
burglary in the first degree or second degree, kidnapping in the first
degree, arson in the first degree or second degree, rape in the first
degree, [criminal sexual act] ANAL RAPE in the first degree, ORAL RAPE
IN THE FIRST DEGREE, sexual abuse in the first degree, aggravated sexual
abuse in the first degree or escape in the first degree, or in the
course of and furtherance of immediate flight after committing or
attempting to commit any such crime or in the course of and furtherance
of immediate flight after attempting to commit the crime of murder in
the second degree; provided however, the victim is not a participant in
one of the aforementioned crimes and, provided further that, unless the
defendant's criminal liability under this subparagraph is based upon the
defendant having commanded another person to cause the death of the
victim or intended victim pursuant to section 20.00 of this chapter,
this subparagraph shall not apply where the defendant's criminal liabil-
S. 3710--C 7
ity is based upon the conduct of another pursuant to section 20.00 of
this chapter; or
S 18. Paragraph (d) of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 40 of the laws of 2004, is amended to read as
follows:
(d) Where the offense charged is rape in the third degree as defined
in subdivision three of section 130.25, [or criminal sexual act] ANAL
RAPE in the third degree as defined in subdivision three of section
130.40, OR ORAL RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE
OF SECTION 130.37, in addition to forcible compulsion, circumstances
under which, at the time of the act of intercourse, oral sexual conduct
or anal sexual conduct, the victim clearly expressed that he or she did
not consent to engage in such act, and a reasonable person in the
actor's situation would have understood such person's words and acts as
an expression of lack of consent to such act under all the circum-
stances.
S 19. Paragraph (h) of subdivision 3 of section 130.05 of the penal
law, as amended by section 2 of part G of chapter 501 of the laws of
2012, is amended to read as follows:
(h) a client or patient and the actor is a health care provider or
mental health care provider charged with rape in the third degree as
defined in section 130.25, [criminal sexual act] ANAL RAPE in the third
degree as defined in section 130.40, ORAL RAPE IN THE THIRD DEGREE AS
DEFINED IN SECTION 130.37, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination; or
S 20. Subdivision 3 of section 130.10 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
3. In any prosecution for the crime of rape in the third degree as
defined in section 130.25, [criminal sexual act] ANAL RAPE in the third
degree as defined in section 130.40, ORAL RAPE IN THE THIRD DEGREE AS
DEFINED IN SECTION 130.37, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55 in which incapacity to consent is based on the
circumstances set forth in paragraph (h) of subdivision three of section
130.05 of this article it shall be an affirmative defense that the
client or patient consented to such conduct charged after having been
expressly advised by the health care or mental health care provider that
such conduct was not performed for a valid medical purpose.
S 21. The opening paragraph and subdivision 2 of section 130.95 of the
penal law, as added by chapter 107 of the laws of 2006, are amended to
read as follows:
A person is guilty of predatory sexual assault when he or she commits
the crime of rape in the first degree, [criminal sexual act] ANAL RAPE
in the first degree, ORAL RAPE IN THE FIRST DEGREE, aggravated sexual
abuse in the first degree, or course of sexual conduct against a child
in the first degree, as defined in this article, and when:
2. He or she has engaged in conduct constituting the crime of rape in
the first degree, [criminal sexual act] ANAL RAPE in the first degree,
ORAL RAPE IN THE FIRST DEGREE, aggravated sexual abuse in the first
degree, or course of sexual conduct against a child in the first degree,
as defined in this article, against one or more additional persons; or
S 22. The opening paragraph of section 130.96 of the penal law, as
added by chapter 107 of the laws of 2006, is amended to read as follows:
S. 3710--C 8
A person is guilty of predatory sexual assault against a child when,
being eighteen years old or more, he or she commits the crime of rape in
the first degree, [criminal sexual act] ANAL RAPE in the first degree,
ORAL RAPE IN THE FIRST DEGREE, aggravated sexual abuse in the first
degree, or course of sexual conduct against a child in the first degree,
as defined in this article, and the victim is less than thirteen years
old.
S 23. Subdivision 1 of section 235.00 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
1. "Obscene." Any material or performance is "obscene" if (a) the
average person, applying contemporary community standards, would find
that considered as a whole, its predominant appeal is to the prurient
interest in sex, and (b) it depicts or describes in a patently offensive
manner, actual or simulated: sexual intercourse, [criminal sexual act]
ANAL RAPE, ORAL RAPE, sexual bestiality, masturbation, sadism, maso-
chism, excretion or lewd exhibition of the genitals, and (c) considered
as a whole, it lacks serious literary, artistic, political, and scien-
tific value. Predominant appeal shall be judged with reference to ordi-
nary adults unless it appears from the character of the material or the
circumstances of its dissemination to be designed for children or other
specially susceptible audience.
S 24. Subdivision 7 of section 235.00 of the penal law is REPEALED.
S 25. Subdivision 2 of section 240.75 of the penal law, as added by
section 2 of part D of chapter 491 of the laws of 2012, is amended to
read as follows:
2. A "specified offense" is an offense defined in section 120.00
(assault in the third degree); section 120.05 (assault in the second
degree); section 120.10 (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in the second
degree); section 120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11 (criminal obstruction of breathing or
blood circulation); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 130.20 (sexual miscon-
duct); section 130.30 (rape in the second degree); section 130.35 (rape
in the first degree); section 130.40 ([criminal sexual act] ANAL RAPE in
the third degree); SECTION 130.37 (ORAL RAPE IN THE THIRD DEGREE);
section 130.45 ([criminal sexual act] ANAL RAPE in the second degree);
SECTION 130.38 (ORAL RAPE IN THE SECOND DEGREE); section 130.50 ([crimi-
nal sexual act] ANAL RAPE in the first degree); SECTION 130.39 (ORAL
RAPE IN THE FIRST DEGREE); section 130.52 (forcible touching); section
130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the
third degree); section 130.60 (sexual abuse in the second degree);
section 130.65 (sexual abuse in the first degree); section 130.66
(aggravated sexual abuse in the third degree); section 130.67 (aggra-
vated sexual abuse in the second degree); section 130.70 (aggravated
sexual abuse in the first degree); section 130.91 (sexually motivated
felony); section 130.95 (predatory sexual assault); section 130.96
(predatory sexual assault against a child); section 135.05 (unlawful
imprisonment in the second degree); section 135.10 (unlawful imprison-
S. 3710--C 9
ment in the first degree); section 135.60 (coercion in the second
degree); section 135.65 (coercion in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in the second
degree); section 140.30 (burglary in the first degree); section 145.00
(criminal mischief in the fourth degree); section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first degree);
section 145.14 (criminal tampering in the third degree); section 215.50
(criminal contempt in the second degree); section 215.51 (criminal
contempt in the first degree); section 215.52 (aggravated criminal
contempt); section 240.25 (harassment in the first degree); subdivision
one, two or four of section 240.30 (aggravated harassment in the second
degree); aggravated family offense as defined in this section or any
attempt or conspiracy to commit any of the foregoing offenses where the
defendant and the person against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
S 26. The opening paragraph of section 255.26 of the penal law, as
added by chapter 320 of the laws of 2006, is amended to read as follows:
A person is guilty of incest in the second degree when he or she
commits the crime of rape in the second degree, as defined in section
130.30 of this part, [or criminal sexual act] ANAL RAPE in the second
degree, as defined in section 130.45 of this part, OR ORAL RAPE IN THE
SECOND DEGREE AS DEFINED IN SECTION 130.38 OF THIS PART, against a
person whom he or she knows to be related to him or her, whether through
marriage or not, as an ancestor, descendant, brother or sister of either
the whole or the half blood, uncle, aunt, nephew or niece.
S 27. The opening paragraph of section 255.27 of the penal law, as
added by chapter 320 of the laws of 2006, is amended to read as follows:
A person is guilty of incest in the first degree when he or she
commits the crime of rape in the first degree, as defined in subdivision
three or four of section 130.35 of this part, [or criminal sexual act]
ANAL RAPE in the first degree, as defined in subdivision three or four
of section 130.50 of this part, OR ORAL RAPE IN THE FIRST DEGREE, AS
DEFINED IN SUBDIVISION THREE OR FOUR OF SECTION 130.39 OF THIS PART,
against a person whom he or she knows to be related to him or her,
whether through marriage or not, as an ancestor, descendant, brother or
sister of either the whole or half blood, uncle, aunt, nephew or niece.
S 28. Paragraph (a) of subdivision 17 of section 265.00 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended to read
as follows:
(a) any of the following offenses defined in the former penal law as
in force and effect immediately prior to September first, nineteen
hundred sixty-seven: illegally using, carrying or possessing a pistol or
other dangerous weapon; making or possessing burglar's instruments;
buying or receiving stolen property; unlawful entry of a building;
aiding escape from prison; that kind of disorderly conduct defined in
subdivisions six and eight of section seven hundred twenty-two of such
former penal law; violations of sections four hundred eighty-three, four
hundred eighty-three-b, four hundred eighty-four-h and article one
hundred six of such former penal law; that kind of [criminal sexual act]
ANAL RAPE, ORAL RAPE or rape which was designated as a misdemeanor;
violation of section seventeen hundred forty-seven-d and seventeen
hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to
narcotic drugs which was defined as a misdemeanor by section seventeen
S. 3710--C 10
hundred fifty-one-a of such former penal law, and any violation of any
provision of article thirty-three-A of the public health law relating to
depressant and stimulant drugs which was defined as a misdemeanor by
section seventeen hundred forty-seven-b of such former penal law.
S 29. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless endan-
germent in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section 130.35 (rape in the first
degree); subdivision one of section 130.50 ([criminal sexual act] ANAL
RAPE in the first degree); SUBDIVISION ONE OF SECTION 130.39 (ORAL RAPE
IN THE FIRST DEGREE); subdivision one of section 130.65 (sexual abuse in
the first degree); paragraph (a) of subdivision one of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of subdi-
vision one of section 130.70 (aggravated sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment in the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree); section 135.60 (coercion in the second degree);
section 135.65 (coercion in the first degree); section 140.10 (criminal
trespass in the third degree); section 140.15 (criminal trespass in the
second degree); section 140.17 (criminal trespass in the first degree);
section 140.20 (burglary in the third degree); section 140.25 (burglary
in the second degree); section 140.30 (burglary in the first degree);
section 145.00 (criminal mischief in the fourth degree); section 145.05
(criminal mischief in the third degree); section 145.10 (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first degree); section 150.05 (arson in the fourth degree); section
150.10 (arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny in the third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15 (robbery in the
first degree); section 240.25 (harassment in the first degree); subdivi-
sion one, two or four of section 240.30 (aggravated harassment in the
second degree); or any attempt or conspiracy to commit any of the fore-
going offenses.
S 30. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
42. "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
S. 3710--C 11
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a person fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one for which such
person is criminally responsible; section 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er in the first degree); subdivisions one and two of section 130.35
(rape in the first degree); subdivisions one and two of section 130.50
([criminal sexual act] ANAL RAPE in the first degree); SUBDIVISIONS ONE
AND TWO OF SECTION 130.39 (ORAL RAPE IN THE FIRST DEGREE); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder in the
second degree or kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law.
S 31. Subdivision 4 of section 180.75 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
4. Notwithstanding the provisions of subdivisions two and three of
this section, a local criminal court shall, at the request of the
district attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to the provisions of article seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria specified in subdivision two of section 210.43 of this chapter, it
is determined that to do so would be in the interests of justice.
Where, however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25 of the penal
law, rape in the first degree as defined in subdivision one of section
130.35 of the penal law, [criminal sexual act] ANAL RAPE in the first
degree as defined in subdivision one of section 130.50 of the penal law,
ORAL RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
130.39 OF THE PENAL LAW, or an armed felony as defined in paragraph (a)
of subdivision forty-one of section 1.20 of this chapter, a determi-
nation that such action be removed to the family court shall, in addi-
tion, be based upon a finding of one or more of the following factors:
(i) mitigating circumstances that bear directly upon the manner in which
the crime was committed; or (ii) where the defendant was not the sole
participant in the crime, the defendant's participation was relatively
minor although not so minor as to constitute a defense to the prose-
cution; or (iii) possible deficiencies in proof of the crime.
S 32. Subdivision (a) of section 190.71 of the criminal procedure law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
S. 3710--C 12
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime defined in subdivisions one and two of section 125.25
(murder in the second degree) and in subdivision three of such section
provided that the underlying crime for the murder charge is one for
which such person is criminally responsible; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er in the first degree); subdivisions one and two of section 130.35
(rape in the first degree); subdivisions one and two of section 130.50
([criminal sexual act] ANAL RAPE in the first degree); SUBDIVISIONS ONE
AND TWO OF SECTION 130.39 (ORAL RAPE IN THE FIRST DEGREE); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; [subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law;] or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that phrase is defined in
subdivision fourteen of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law.
S 33. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
(b) with the consent of the district attorney, order removal of an
action involving an indictment charging a juvenile offender with murder
in the second degree as defined in section 125.25 of the penal law; rape
in the first degree, as defined in subdivision one of section 130.35 of
the penal law; [criminal sexual act] ANAL RAPE in the first degree, as
defined in subdivision one of section 130.50 of the penal law; ORAL RAPE
IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.39 OF
THE PENAL LAW; or an armed felony as defined in paragraph (a) of subdi-
vision forty-one of section 1.20, to the family court pursuant to the
provisions of article seven hundred twenty-five of this chapter if the
court finds one or more of the following factors: (i) mitigating circum-
stances that bear directly upon the manner in which the crime was
committed; (ii) where the defendant was not the sole participant in the
crime, the defendant's participation was relatively minor although not
so minor as to constitute a defense to the prosecution; or (iii) possi-
ble deficiencies in the proof of the crime, and, after consideration of
the factors set forth in subdivision two of this section, the court
determined that removal of the action to the family court would be in
the interests of justice.
S 34. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
220.10 of the criminal procedure law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
S. 3710--C 13
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder in the
second degree, or a fourteen or fifteen year old with the crimes of rape
in the first degree as defined in subdivision one of section 130.35 of
the penal law, or [criminal sexual act] ANAL RAPE in the first degree as
defined in subdivision one of section 130.50 of the penal law, OR ORAL
RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.39
OF THE PENAL LAW, or an armed felony as defined in paragraph (a) of
subdivision forty-one of section 1.20 of this chapter specific factors,
one or more of which reasonably supports the recommendation, showing,
(i) mitigating circumstances that bear directly upon the manner in which
the crime was committed, or (ii) where the defendant was not the sole
participant in the crime, that the defendant's participation was rela-
tively minor although not so minor as to constitute a defense to the
prosecution, or (iii) possible deficiencies in proof of the crime, or
(iv) where the juvenile offender has no previous adjudications of having
committed a designated felony act, as defined in subdivision eight of
section 301.2 of the family court act, regardless of the age of the
offender at the time of commission of the act, that the criminal act was
not part of a pattern of criminal behavior and, in view of the history
of the offender, is not likely to be repeated.
S 35. Subdivision 6 of section 300.50 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
6. For purposes of this section, the offenses of rape in the third
degree as defined in subdivision three of section 130.25 of the penal
law [and criminal sexual act], ANAL RAPE in the third degree as defined
in subdivision three of section 130.40 of the penal law AND ORAL RAPE IN
THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.37 OF
THE PENAL LAW, are not lesser included offenses of rape in the first
degree, [criminal sexual act] ANAL RAPE in the first degree, ORAL RAPE
IN THE FIRST DEGREE or any other offense. Notwithstanding the foregoing,
either such offense may be submitted as a lesser included offense of the
applicable first degree offense when (i) there is a reasonable view of
the evidence which would support a finding that the defendant committed
such lesser offense but did not commit the greater offense, and (ii)
both parties consent to its submission.
S 36. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
S. 3710--C 14
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, [criminal sexual act] ANAL RAPE in the third degree as defined in
section 130.40 of the penal law, [criminal sexual act] ORAL RAPE IN THE
THIRD DEGREE AS DEFINED IN SECTION 130.37 OF THE PENAL LAW, ANAL RAPE in
the second degree as defined in section 130.45 of the penal law, [crimi-
nal sexual act] ORAL RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.38 OF THE PENAL LAW, ANAL RAPE in the first degree as defined in
section 130.50 of the penal law, ORAL RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.39 OF THE PENAL LAW, sexual abuse in the first
degree as defined in section 130.65 of the penal law, unlawful imprison-
ment in the first degree as defined in section 135.10 of the penal law,
kidnapping in the second degree as defined in section 135.20 of the
penal law, kidnapping in the first degree as defined in section 135.25
of the penal law, labor trafficking as defined in section 135.35 of the
penal law, custodial interference in the first degree as defined in
section 135.50 of the penal law, coercion in the first degree as defined
in section 135.65 of the penal law, criminal trespass in the first
degree as defined in section 140.17 of the penal law, burglary in the
third degree as defined in section 140.20 of the penal law, burglary in
the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
S. 3710--C 15
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, criminal possession of a weapon in the third degree as defined in
subdivisions two, three and five of section 265.02 of the penal law,
criminal possession of a weapon in the second degree as defined in
section 265.03 of the penal law, criminal possession of a weapon in the
first degree as defined in section 265.04 of the penal law, manufacture,
transport, disposition and defacement of weapons and dangerous instru-
ments and appliances defined as felonies in subdivisions one, two, and
three of section 265.10 of the penal law, sections 265.11, 265.12 and
265.13 of the penal law, or prohibited use of weapons as defined in
subdivision two of section 265.35 of the penal law, relating to firearms
and other dangerous weapons, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;
S 37. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
(a) the conviction to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first degree, [criminal sexual
act] ANAL RAPE in the first degree, ORAL RAPE IN THE FIRST DEGREE or
aggravated sexual abuse, except as provided in subdivision three, or
S 38. Subdivision 11 of section 123 of the agriculture and markets
law, as amended by chapter 392 of the laws of 2004 and as renumbered by
section 18 of part T of chapter 59 of the laws of 2010, is amended to
read as follows:
11. The owner shall not be liable pursuant to subdivision six, seven,
eight, nine or ten of this section if the dog was coming to the aid or
S. 3710--C 16
defense of a person during the commission or attempted commission of a
murder, robbery, burglary, arson, rape in the first degree as defined in
subdivision one or two of section 130.35 of the penal law, [criminal
sexual act] ANAL RAPE in the first degree as defined in subdivision one
or two of section 130.50 of the penal law, ORAL RAPE IN THE FIRST DEGREE
AS DEFINED IN SUBDIVISION ONE OR TWO OF SECTION 130.39 OF THE PENAL LAW
or kidnapping within the dwelling or upon the real property of the owner
of the dog and the dog injured or killed the person committing such
criminal activity.
S 39. Section 213-c of the civil practice law and rules, as added by
chapter 3 of the laws of 2006, is amended to read as follows:
S 213-c. Action by victim of conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in this arti-
cle, a civil claim or cause of action to recover from a defendant as
hereinafter defined, for physical, psychological or other injury or
condition suffered by a person as a result of acts by such defendant of
rape in the first degree as defined in section 130.35 of the penal law,
or [criminal sexual act] ANAL RAPE in the first degree as defined in
section 130.50 of the penal law, OR ORAL RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.39 OF THE PENAL LAW, or aggravated sexual abuse
in the first degree as defined in section 130.70 of the penal law, or
course of sexual conduct against a child in the first degree as defined
in section 130.75 of the penal law may be brought within five years. As
used in this section, the term "defendant" shall mean only a person who
commits the acts described in this section or who, in a criminal
proceeding, could be charged with criminal liability for the commission
of such acts pursuant to section 20.00 of the penal law and shall not
apply to any related civil claim or cause of action arising from such
acts. Nothing in this section shall be construed to require that a crim-
inal charge be brought or a criminal conviction be obtained as a condi-
tion of bringing a civil cause of action or receiving a civil judgment
pursuant to this section or be construed to require that any of the
rules governing a criminal proceeding be applicable to any such civil
action.
S 40. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice law and rules, as added by chapter 3 of the laws of 2006, is
amended to read as follows:
(b) Whenever it is shown that a criminal action against the same
defendant has been commenced with respect to the event or occurrence
from which a claim governed by this section arises, and such criminal
action is for rape in the first degree as defined in section 130.35 of
the penal law, or [criminal sexual act] ANAL RAPE in the first degree as
defined in section 130.50 of the penal law, OR ORAL RAPE IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.39 OF THE PENAL LAW, or aggravated
sexual abuse in the first degree as defined in section 130.70 of the
penal law, or course of sexual conduct against a child in the first
degree as defined in section 130.75 of the penal law, the plaintiff
shall have at least five years from the termination of the criminal
action as defined in section 1.20 of the criminal procedure law in which
to commence the civil action, notwithstanding that the time in which to
commence such action has already expired or has less than a year remain-
ing.
S 41. The opening paragraph of subdivision (b) of section 117 of the
family court act, as amended by chapter 7 of the laws of 2007, is
amended to read as follows:
S. 3710--C 17
For every juvenile delinquency proceeding under article three involv-
ing an allegation of an act committed by a person which, if done by an
adult, would be a crime (i) defined in sections 125.27 (murder in the
first degree); 125.25 (murder in the second degree); 135.25 (kidnapping
in the first degree); or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) defined in sections
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); 130.35 (rape in the first degree); 130.50 ([criminal sexual
act] ANAL RAPE in the first degree); 130.39 (ORAL RAPE IN THE FIRST
DEGREE); 135.20 (kidnapping in the second degree), but only where the
abduction involved the use or threat of use of deadly physical force;
150.15 (arson in the second degree); or 160.15 (robbery in the first
degree) of the penal law committed by a person thirteen, fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(iii) defined in the penal law as an attempt to commit murder in the
first or second degree or kidnapping in the first degree committed by a
person thirteen, fourteen or fifteen years of age; or such conduct
committed as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; (iv) defined in section 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law committed by a person fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(v) defined in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed by a person
fourteen or fifteen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at least seven
but less than sixteen years of age, but only where there has been two
prior findings by the court that such person has committed a prior act
which, if committed by an adult would be a felony:
S 42. Subdivision 8 of section 301.2 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) defined in sections
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); 130.35 (rape in the first degree); 130.50 ([criminal sexual
act] ANAL RAPE in the first degree); 130.39 (ORAL RAPE IN THE FIRST
DEGREE); 130.70 (aggravated sexual abuse in the first degree); 135.20
(kidnapping in the second degree) but only where the abduction involved
S. 3710--C 18
the use or threat of use of deadly physical force; 150.15 (arson in the
second degree) or 160.15 (robbery in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of the penal law committed by
a person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen or fifteen years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the second degree or any
designated felony act specified in paragraph (i), (ii), or (iii) of this
subdivision regardless of the age of such person at the time of the
commission of the prior act; or (vi) other than a misdemeanor committed
by a person at least seven but less than sixteen years of age, but only
where there has been two prior findings by the court that such person
has committed a prior felony.
S 43. Subdivision 4 of section 308.1 of the family court act, as
amended by chapter 264 of the laws of 2003, is amended to read as
follows:
4. The probation service shall not adjust a case in which the child
has allegedly committed a delinquent act which would be a crime defined
in section 120.25, (reckless endangerment in the first degree), subdivi-
sion one of section 125.15, (manslaughter in the second degree), subdi-
vision one of section 130.25, (rape in the third degree), subdivision
one of section 130.40, ([criminal sexual act] ANAL RAPE in the third
degree), SUBDIVISION ONE OF SECTION 130.37, (ORAL RAPE IN THE THIRD
DEGREE), subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first degree), section
140.20, (burglary in the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third degree), subdivi-
sion two[,] OR three [or four] of section 265.02, (criminal possession
of a weapon in the third degree), section 265.03, (criminal possession
of a weapon in the second degree), or section 265.04, (criminal
possession of a dangerous weapon in the first degree) of the penal law
where the child has previously had one or more adjustments of a case in
which such child allegedly committed an act which would be a crime spec-
ified in this subdivision unless it has received written approval from
the court and the appropriate presentment agency.
S 44. Section 4 of the judiciary law, as amended by chapter 264 of the
laws of 2003, is amended to read as follows:
S 4. Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
S. 3710--C 19
divorce, seduction, abortion, rape, assault with intent to commit rape,
[criminal sexual act] ANAL RAPE, ORAL RAPE, bastardy or filiation, the
court may, in its discretion, exclude therefrom all persons who are not
directly interested therein, excepting jurors, witnesses, and officers
of the court.
S 45. Subdivision 2 of section 120.60 of the penal law, as amended by
chapter 434 of the laws of 2000, is amended to read as follows:
2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, 130.37,
130.40 or 130.85 of this chapter, or a class D felony defined in section
130.30, 130.38 or 130.45 of this chapter.
S 46. Subdivision 3 of section 720.10 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
3. Notwithstanding the provisions of subdivision two, a youth who has
been convicted of an armed felony offense or of rape in the first
degree, [criminal sexual act] ANAL RAPE in the first degree, ORAL RAPE
IN THE FIRST DEGREE or aggravated sexual abuse is an eligible youth if
the court determines that one or more of the following factors exist:
(i) mitigating circumstances that bear directly upon the manner in which
the crime was committed; or (ii) where the defendant was not the sole
participant in the crime, the defendant's participation was relatively
minor although not so minor as to constitute a defense to the prose-
cution. Where the court determines that the eligible youth is a youthful
offender, the court shall make a statement on the record of the reasons
for its determination, a transcript of which shall be forwarded to the
state division of criminal justice services, to be kept in accordance
with the provisions of subdivision three of section eight hundred thir-
ty-seven-a of the executive law.
S 47. Paragraph (a) of subdivision 2 of section 30.10 of the criminal
procedure law, as amended by chapter 467 of the laws of 2008, is amended
to read as follows:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, OR ANAL RAPE IN THE FIRST
DEGREE AS DEFINED IN SECTION 130.50 OF THE PENAL LAW, OR ORAL RAPE IN
THE FIRST DEGREE AS DEFINED IN SECTION 130.39 OF THE PENAL LAW, or a
crime [defined or] formerly defined in section 130.50 of the penal law,
or aggravated sexual abuse in the first degree as defined in section
130.70 of the penal law, or course of sexual conduct against a child in
the first degree as defined in section 130.75 of the penal law may be
commenced at any time;
S 48. Subparagraph (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.37,
130.38, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and
255.27 or article two hundred sixty-three of the penal law, or section
135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping
offenses, provided the victim of such kidnapping or related offense is
less than seventeen years old and the offender is not the parent of the
victim, or section 230.04, where the person patronized is in fact less
than seventeen years of age, 230.05 or 230.06, or subdivision two of
section 230.30, or section 230.32 or 230.33 of the penal law, or
S. 3710--C 20
S 49. Subparagraph (i) of paragraph (a) of subdivision 3 of section
168-a of the correction law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of
the provisions of sections 130.35, 130.39, 130.50, 130.65, 130.66,
130.67, 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or
S 50. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to any offense on or after such effec-
tive date. As it pertains to the repealed sections of law, nothing in
this act shall affect a requirement to register pursuant to article 6-C
of the correction law; a lawfully required disclosure of a conviction;
any restriction or prohibition for certain types of employment, housing,
or government benefit; or any other ongoing matter related to a
conviction of the sections repealed in this act.
