Assembly Bill A4118

2023-2024 Legislative Session

Relates to establishing the offense of aggravated rape and criminal sentencing for defendants convicted of certain sexual offenses

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A4118 (ACTIVE) - Details

See Senate Version of this Bill:
S3276
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §130.36, amd §70.80, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7630
2021-2022: S4584

2023-A4118 (ACTIVE) - Summary

Establishes the offense of aggravated rape; provides criminal sentencing mandates for defendants convicted of certain sexual offenses.

2023-A4118 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4118
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing  the  offense
   of aggravated rape and criminal sentencing for defendants convicted of
   certain sexual offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Kimberlee's law".
   §  2.  The penal law is amended by adding a new section 130.36 to read
 as follows:
 § 130.36 AGGRAVATED RAPE.
   A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL
 INTERCOURSE WITH ANOTHER PERSON:
   1. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY; AND
   2. SUCH PERSON IS ARMED WITH A DEADLY WEAPON OR DANGEROUS  INSTRUMENT,
 OR  ANY OBJECT USED IN A MANNER TO LEAD THE VICTIM TO REASONABLY BELIEVE
 SUCH OBJECT TO BE A DEADLY WEAPON OR DANGEROUS INSTRUMENT; AND
   (A) BY FORCIBLE COMPULSION; OR
   (B) SUCH VICTIM IS INCAPABLE OF CONSENT BY REASON OF BEING  PHYSICALLY
 HELPLESS; OR
   (C) SUCH VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (D) SUCH VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE.
   AGGRAVATED RAPE IS A CLASS A FELONY.
   §  3. Section 70.80 of the penal law is amended by adding a new subdi-
 vision 10 to read as follows:
   10. SENTENCE OF IMPRISONMENT FOR AN OFFENDER  OF  CERTAIN  FELONY  SEX
 OFFENSES.  AN OFFENDER CONVICTED OF RAPE IN THE FIRST DEGREE PURSUANT TO
 SECTION 130.35 OF THIS CHAPTER OR AN OFFENDER  CONVICTED  OF  AGGRAVATED
 RAPE  PURSUANT  TO  SECTION 130.36 OF THIS CHAPTER SHALL NOT BE RELEASED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05488-01-3

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