S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5613
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06372-01-1

 S. 5613                             2
 
 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
 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.
   § 2. Subdivision 5 of section 70.00 of the penal law,  as  amended  by
 section  40-a  of part WWW of chapter 59 of the laws of 2017, 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 without
 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 who was eighteen years of age or older  at  the  time  of  the
 commission  of  the crime 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 chemi-
 cal 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 who was seven-
 teen years of age or younger at the time of the commission of the  crime
 may  be  sentenced, in accordance with law, to the applicable indetermi-
 nate sentence with a maximum term of life imprisonment. 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 subdivision one of section 125.26 of this chapter. A  defend-
 ant 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
 IMPRISONMENT  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

 S. 5613                             3
 
 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 PATRONIZING 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 SEXU-
 AL PERFORMANCE BY A CHILD WITH A  CONTROLLED  SUBSTANCE  OR  ALCOHOL  AS
 DEFINED IN SECTION 263.30 OF THIS CHAPTER.
   §  3.  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 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.
   § 4. The penal law is amended by adding a new section 130.36  to  read
 as follows:
 § 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.
   § 5. Section 130.50 of the penal law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
 § 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.
   §  6.  The penal law is amended by adding a new section 130.51 to read
 as follows:

 S. 5613                             4

 § 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.
   §  7. Section 130.65 of the penal law, as amended by chapter 26 of the
 laws of 2011, is amended to read as follows:
 § 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.
   § 8. The penal law is amended by adding a new section 130.64  to  read
 as follows:
 § 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.
   § 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:
 § 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.
   § 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:
 § 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.

 S. 5613                             5
 
   Aggravated sexual abuse in the first degree is a class B felony.
   §  11. The penal law is amended by adding a new section 130.71 to read
 as follows:
 § 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.
   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.
   § 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.
   § 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.
   § 14. Section 130.96 of the penal law, as added by chapter 107 of  the
 laws of 2006, is amended to read as follows:
 § 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.
   §  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.
   § 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.
   §  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.
   § 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.
   § 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.
   § 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.
   §  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:

 S. 5613                             6
 
   Facilitating a  sexual  performance  by  a  child  with  a  controlled
 substance or alcohol is a class [B] A-I felony.
   §  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.