NY State Senate Bill 2015-S8053

Senate Bill S8053

2015-2016 Legislative Session

Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	referred to rules

2015-S8053 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6169
2019-2020: S1757
2021-2022: S5613
2023-2024: S4655

2015-S8053 (ACTIVE) - Summary

Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole.

2015-S8053 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8053

 TITLE OF BILL :

An act to amend the penal law, in relation to sex offenses,
prostitution offenses, obscenity offenses and sexual performance by a
child offense committed against a minor

 PURPOSE OR GENERAL IDEA OF BILL :

Redesignates certain sex, prostitution, obscenity and sexual
performance offenses committed against a child as a class A-I felonies
with a sentence of life imprisonment without parole.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subparagraph (i) of paragraph (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws
of 2006.

Section 2 amends subdivision 5 of section 70.00 of the penal law as
amended by chapter 482 of the laws of 2009.

Section 3 amends section 130.35 of the penal law, as amended by
chapter 1 of the laws of 2000.

Section 4 amends the penal law by adding a new section 130.36 - Rape
of a child.

Section 5 amends section 130.50 of the penal law, as amended by
chapter 264 of the laws of 2003.

Section 6 amends the penal law by adding a new section 130.51 -
Criminal sexual act against a child.

Section 7 amends the penal law, as amended by chapter 26 of the laws
of 2011.

Section 8 amends the penal law by adding a new section 130.64 - Sexual
abuse of a child.

Section 9 amends section 130.67 of the penal law.

Section 10 amends section 130.70 of the penal law.

Section 11 amends the penal law adding a new section 130.71 -
Aggravated sexual abuse of a child.

Section 12 amends the closing paragraph of section 130.75 of the penal
law, as amended by chapter 1 of the laws of 2000.

Section 13 amends section 130.80 of the penal law.

Section 14 amends section 130.96 of the penal law.

Section 15 amends the closing paragraph of section 230.06 of the penal
law.

Section 16 amends the closing paragraph of section 230.13 of the penal
law.

Section 17 amends the closing paragraph of section 230.32 of the penal
law.

Section 18 amends the closing paragraph of section 230.33 of the penal
law.
Section 19 amends the closing paragraph of section 235.22 of the penal
law.

Section 20 amends the closing paragraph of section 263.05 of the penal
law.

Section 21 amends the closing paragraph of section 263.30 of the penal
law.

Section 22 is the effective date.

 JUSTIFICATION :

Sex crimes against children are a horrible criminal offense that a
society should not tolerate. Criminals preying on young victims should
not be tolerated. This bill would lock away criminals of these
sickening crimes with life without parole. It will protect the public
and will send the message that these types of crimes will not be
tolerated in a civil society.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1.

2015-S8053 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8053

                            I N  S E N A T E

                              June 8, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to sex offenses, prostitution
  offenses, obscenity offenses and sexual performance by a child offense
  committed against a minor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 70.00 of the penal law, as amended by chapter 107 of the laws of
2006, is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided,  however,  that
(A)  where  a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder  in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years,  and,  (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or convicted of aggravated murder as  defined  in
section  125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed  upon  a  defendant
convicted  of attempted murder in the first degree as defined in article
one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of
section 125.27 of this chapter or attempted aggravated murder as defined
in  article  one  hundred ten of this chapter and section 125.26 of this
chapter such minimum period shall be not less than twenty years nor more
than forty years, AND, (D) WHERE A SENTENCE IS IMPOSED UPON A  DEFENDANT
CONVICTED  OF RAPE OF A CHILD AS DEFINED IN SECTION 130.36 OF THIS CHAP-
TER, CONVICTED OF CRIMINAL SEXUAL ACT AGAINST  A  CHILD  AS  DEFINED  IN
SECTION  130.51 OF THIS CHAPTER, CONVICTED OF SEXUAL ABUSE OF A CHILD AS
DEFINED IN SECTION 130.64 OF THIS CHAPTER, CONVICTED OF AGGRAVATED SEXU-
AL ABUSE OF A CHILD AS  DEFINED  IN  SECTION  130.71  OF  THIS  CHAPTER,
CONVICTED  OF  COURSE  OF  SEXUAL  CONDUCT  AGAINST A CHILD IN THE FIRST

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

                                                           LBD15750-01-6

S. 8053                             2

DEGREE AS DEFINED IN SECTION 130.75 OF THIS CHAPTER, CONVICTED OF COURSE
OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND  DEGREE  AS  DEFINED  IN
SECTION  130.80  OF  THIS CHAPTER, CONVICTED OF PREDATORY SEXUAL ASSAULT
AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, CONVICTED
OF PATRONIZING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS  DEFINED
IN SECTION 230.06 OF THIS CHAPTER, CONVICTED OF AGGRAVATED PATRONIZING A
MINOR  FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.13
OF THIS CHAPTER, CONVICTED OF PROMOTING PROSTITUTION IN THE FIRST DEGREE
AS DEFINED IN SECTION 230.32 OF THIS CHAPTER,  CONVICTED  OF  COMPELLING
PROSTITUTION  AS DEFINED IN SECTION 230.33 OF THIS CHAPTER, CONVICTED OF
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
IN SECTION 235.22 OF THIS CHAPTER, CONVICTED OF USE  OF  A  CHILD  IN  A
SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION  263.05 OF THIS CHAPTER OR
CONVICTED OF FACILITATING  A  SEXUAL  PERFORMANCE  BY  A  CHILD  WITH  A
CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS DEFINED IN SECTION 263.30 OF THIS
CHAPTER, THE SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
  S 2. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
chapter 482 of the laws of 2009, is amended to read as follows:
  5.   Life  imprisonment  without  parole.  Notwithstanding  any  other
provision of law, a defendant sentenced  to  life  imprisonment  without
parole  shall  not  be  or  become  eligible  for  parole or conditional
release. For purposes of commitment and custody, other than  parole  and
conditional  release,  such sentence shall be deemed to be an indetermi-
nate sentence.  A defendant may be sentenced to life imprisonment  with-
out  parole  upon conviction for the crime of murder in the first degree
as defined in section 125.27 of this chapter and in accordance with  the
procedures  provided  by  law  for imposing a sentence for such crime. A
defendant must be sentenced to life  imprisonment  without  parole  upon
conviction  for  the  crime of terrorism as defined in section 490.25 of
this chapter, where the specified offense the defendant committed  is  a
class  A-I felony; the crime of criminal possession of a chemical weapon
or biological weapon in the first degree as defined in section 490.45 of
this chapter; or the crime of criminal  use  of  a  chemical  weapon  or
biological  weapon  in  the first degree as defined in section 490.55 of
this chapter; provided, however, that nothing in this subdivision  shall
preclude  or  prevent  a  sentence  of  death when the defendant is also
convicted of the crime of murder in  the  first  degree  as  defined  in
section  125.27  of this chapter.  A defendant must be sentenced to life
imprisonment without parole upon conviction for the crime of  murder  in
the  second  degree  as defined in subdivision five of section 125.25 of
this chapter or for the crime of aggravated murder as defined in  subdi-
vision  one  of  section  125.26  of  this  chapter.  A defendant may be
sentenced to life imprisonment without parole upon  conviction  for  the
crime  of  aggravated  murder  as  defined in subdivision two of section
125.26 of this chapter. A DEFENDANT MUST BE SENTENCED TO LIFE  IMPRISON-
MENT  WITHOUT PAROLE UPON CONVICTION FOR THE CRIME OF RAPE OF A CHILD AS
DEFINED IN SECTION 130.36 OF THIS CHAPTER, FOR  THE  CRIME  OF  CRIMINAL
SEXUAL ACT AGAINST A CHILD AS DEFINED IN SECTION 130.51 OF THIS CHAPTER,
FOR THE CRIME OF SEXUAL ABUSE OF A CHILD AS DEFINED IN SECTION 130.64 OF
THIS  CHAPTER,  FOR  THE  CRIME OF AGGRAVATED SEXUAL ABUSE OF A CHILD AS
DEFINED IN SECTION 130.71 OF THIS CHAPTER, FOR THE CRIME  OF  COURSE  OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
130.75  OF  THIS  CHAPTER,  FOR  THE  CRIME  OF COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE SECOND DEGREE AS DEFINED  IN  SECTION  130.80  OF
THIS  CHAPTER, FOR THE CRIME OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD
AS DEFINED IN SECTION 130.96 OF THIS CHAPTER, FOR THE CRIME OF PATRONIZ-

S. 8053                             3

ING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN  SECTION
230.06  OF THIS CHAPTER, FOR THE CRIME OF AGGRAVATED PATRONIZING A MINOR
FOR PROSTITUTION IN THE FIRST DEGREE AS DEFINED  IN  SECTION  230.13  OF
THIS  CHAPTER,  FOR  THE  CRIME  OF  PROMOTING PROSTITUTION IN THE FIRST
DEGREE AS DEFINED IN SECTION 230.32 OF THIS CHAPTER, FOR  THE  CRIME  OF
COMPELLING  PROSTITUTION  AS  DEFINED IN SECTION 230.33 OF THIS CHAPTER,
FOR THE CRIME OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE  FIRST
DEGREE  AS  DEFINED  IN SECTION 235.22 OF THIS CHAPTER, FOR THE CRIME OF
USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION  263.05  OF
THIS CHAPTER, OR FOR THE CRIME OF FACILITATING A SEXUAL PERFORMANCE BY A
CHILD  WITH  A  CONTROLLED  SUBSTANCE  OR  ALCOHOL AS DEFINED IN SECTION
263.30 OF THIS CHAPTER.
  S 3. Section 130.35 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 130.35 Rape in the first degree.
  A  person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
  1. By forcible compulsion; or
  2. Who is incapable of consent by reason  of  being  physically  help-
less[; 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].
  Rape in the first degree is a class B felony.
  S  4.  The penal law is amended by adding a new section 130.36 to read
as follows:
S 130.36 RAPE OF A CHILD.
  A PERSON IS GUILTY OF RAPE OF A CHILD WHEN HE OR SHE ENGAGES IN SEXUAL
INTERCOURSE WITH ANOTHER PERSON:
  1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
  2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
OLD OR MORE.
  RAPE OF A CHILD IS A CLASS A-I FELONY.
  S 5. 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 in the first degree.
  A person is guilty of criminal sexual act in the first degree when  he
or she engages in oral sexual conduct or anal sexual conduct with anoth-
er person:
  1. By forcible compulsion; or
  2.  Who  is  incapable  of consent by reason of being physically help-
less[; 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 in the first degree is a class B felony.
  S 6. The penal law is amended by adding a new section 130.51  to  read
as follows:
S 130.51 CRIMINAL SEXUAL ACT AGAINST A CHILD.
  A  PERSON  IS GUILTY OF CRIMINAL SEXUAL ACT AGAINST A CHILD WHEN HE OR
SHE ENGAGES IN ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT  WITH  ANOTHER
PERSON:
  1. WHO IS LESS THAN ELEVEN YEARS OLD; OR
  2. WHO IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGHTEEN YEARS
OLD OR MORE.
  CRIMINAL SEXUAL ACT AGAINST A CHILD IS A CLASS A-I FELONY.

S. 8053                             4

  S  7. Section 130.65 of the penal law, as amended by chapter 26 of the
laws of 2011, is amended to read as follows:
S 130.65 Sexual abuse in the first degree.
  A  person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2. When the other person is incapable of consent by  reason  of  being
physically helpless[; or
  3. When the other person is less than eleven years old; or
  4. When the other person is less than thirteen years old and the actor
is twenty-one years old or older].
  Sexual abuse in the first degree is a class D felony.
  S  8.  The penal law is amended by adding a new section 130.64 to read
as follows:
S 130.64 SEXUAL ABUSE OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL ABUSE OF A CHILD WHEN HE OR SHE  SUBJECTS
ANOTHER PERSON TO SEXUAL CONTACT:
  1. WHEN THE OTHER PERSON IS LESS THAN ELEVEN YEARS OLD; OR
  2. WHEN THE OTHER PERSON IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR
IS TWENTY-ONE YEARS OLD OR OLDER.
  SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
  S  9.  Section 130.67 of the penal law, as added by chapter 450 of the
laws of 1988, the opening paragraph of subdivision 1 as amended by chap-
ter 485 of the laws of 2009, is amended to read as follows:
S 130.67 Aggravated sexual abuse in the second degree.
  1. A person is guilty of aggravated sexual abuse in the second  degree
when he or she inserts a finger in the vagina, urethra, penis, rectum or
anus of another person causing physical injury to such person:
  (a) By forcible compulsion; or
  (b) When the other  person  is incapable of consent by reason of being
physically helpless[; or
  (c) When the other person is less than eleven years old].
  2. Conduct performed for a valid medical purpose does not violate  the
provisions of this section.
  Aggravated sexual abuse in the second degree is a class C felony.
  S  10.  Section  130.70 of the penal law, as amended by chapter 450 of
the laws of 1988, the opening paragraph of subdivision 1 as  amended  by
chapter 485 of the laws of 2009, is amended to read as follows:
S 130.70 Aggravated sexual abuse in the first degree.
  1.  A  person is guilty of aggravated sexual abuse in the first degree
when he or she inserts a foreign object in the vagina,  urethra,  penis,
rectum or anus of another person causing physical injury to such person:
  (a) By forcible compulsion; or
  (b) When the other  person  is incapable of consent by reason of being
physically helpless[; or
  (c) When the other person is less than eleven years old].
  2. Conduct performed for a valid medical purpose does not violate  the
provisions of this section.
  Aggravated sexual abuse in the first degree is a class B felony.
  S  11. The penal law is amended by adding a new section 130.71 to read
as follows:
S 130.71 AGGRAVATED SEXUAL ABUSE OF A CHILD.
  1. A PERSON IS GUILTY OF AGGRAVATED SEXUAL ABUSE OF A CHILD WHEN HE OR
SHE INSERTS A FINGER OR FOREIGN OBJECT IN THE  VAGINA,  URETHRA,  PENIS,
RECTUM OR ANUS OF ANOTHER PERSON CAUSING PHYSICAL INJURY TO SUCH PERSON,
WHEN SUCH PERSON IS LESS THAN ELEVEN YEARS OLD.

S. 8053                             5

  2.  CONDUCT PERFORMED FOR A VALID MEDICAL PURPOSE DOES NOT VIOLATE THE
PROVISIONS OF THIS SECTION.
  AGGRAVATED SEXUAL ABUSE OF A CHILD IS A CLASS A-I FELONY.
  S  12.  The  closing  paragraph of section 130.75 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Course of sexual conduct against a child in  the  first  degree  is  a
class [B] A-I felony.
  S  13.  The  closing  paragraph of section 130.80 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Course of sexual conduct against a child in the  second  degree  is  a
class [D] A-I felony.
  S  14. Section 130.96 of the penal law, as added by chapter 107 of the
laws of 2006, is amended to read as follows:
S 130.96 Predatory sexual assault against a child.
  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] OF A CHILD, criminal  sexual  act  [in  the  first
degree]  AGAINST  A CHILD, aggravated sexual abuse [in the first degree]
OF A CHILD, COURSE OF SEXUAL CONDUCT  AGAINST  A  CHILD  IN  THE  SECOND
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.
  Predatory sexual assault against a child is a class [A-II] A-I felony.
  S 15. The closing paragraph of section 230.06 of  the  penal  law,  as
amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
follows:
  Patronizing a person for prostitution in the first degree is  a  class
[D] A-I felony.
  S  16.  The  closing  paragraph of section 230.13 of the penal law, as
added by chapter 368 of the laws of 2015, is amended to read as follows:
  Aggravated patronizing a minor for prostitution in the first degree is
a class [B] A-I felony.
  S 17. The closing paragraph of section 230.32 of  the  penal  law,  as
added by chapter 627 of the laws of 1978, is amended to read as follows:
  Promoting prostitution in the first degree is a class [B] A-I felony.
  S  18.  The  closing  paragraph of section 230.33 of the penal law, as
amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
follows:
  Compelling prostitution is a class [B] A-I felony.
  S  19.  The  closing  paragraph of section 235.22 of the penal law, as
added by chapter 600 of the laws of 1996, is amended to read as follows:
  Disseminating indecent material to minors in the  first  degree  is  a
class [D] A-I felony.
  S  20.  The  closing  paragraph of section 263.05 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
  Use of a child in a sexual performance is a class [C] A-I felony.
  S 21. The closing paragraph of section 263.30 of  the  penal  law,  as
added by chapter 431 of the laws of 2008, is amended to read as follows:
  Facilitating  a  sexual  performance  by  a  child  with  a controlled
substance or alcohol is a class [B] A-I felony.
  S 22. This act shall  take  effect  on  the  first  of  November  next
succeeding  the date on which it shall have become a law and shall apply
to offenses committed on or after such date.

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