Senate Bill S5334

2021-2022 Legislative Session

Increases the penalty for rape in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S5334 (ACTIVE) - Details

See Assembly Version of this Bill:
A5477
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5396, A7683
2023-2024: S1166, A4286

2021-S5334 (ACTIVE) - Summary

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

2021-S5334 (ACTIVE) - Sponsor Memo

2021-S5334 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5334
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to increasing the penalty for
   rape in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 130.35 of the penal law, as amended by chapter 1 of
 the laws of 2000, is amended to read as follows:
 § 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 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.
   Rape in the first degree is a class [B] A-II felony.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09425-01-1

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