BILL NUMBER:  S466

 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 :  Changes the designation of incest
to a class B felony from a class D and E felonies, respectively.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Penal Law, section 255.25, second undesignated
paragraph. Designates the crime of incest in the third degree as a
class B felony.

Section 2. Amends the Penal Law, section 255.26, second undesignated
paragraph. Designates the crime of incest in the second degree as a
class B felony.

Section 3. Effective Date

 EXISTING LAW :  Penal Law, Sections 255.25, incest in the third
degree and 255.26, incest in the second degree designate such crimes
as class E and D felonies, respectively.

 JUSTIFICATION :  Penal Law, Sections 255.25, incest in the third
degree and 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 class E and D felonies, respectively. A class E Felony sex
offense carries a sentence not to exceed four years and a class D
Felony sex offense carries sentence 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 Section 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 :  2014: S.695 - Referred to Codes/A.1471 -
Referred to Codes 2013: S.695 - Referred to Codes/A.1471 - Referred to
Codes 2012: S.332 - Referred to Crime Victims, Crime and
Correction/A.709 - Reported to Codes 2011: S.332 - Notice of Committee
Consideration Requested, Committee Discharged and Committed to Crime
Victims, Crime and Correction/A.709 - Reported to Codes 2009-10:
S.2567 - Referred to Codes/A.1324 - Referred to Codes 2007-08: A.3291
- Referred to Codes 2006: S.6228 - Referred to Codes/A.9189 - Referred
to Codes

 FISCAL IMPLICATIONS : To be determined.

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