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NY S00830
Bill
Status
6/19/2017
Primary Sponsor
Catharine Young
Click for details
AI Summary
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Creates three new felony offenses: aggravated rape (§ 130.36), aggravated criminal sexual act (§ 130.51), and aggravated sexual abuse in the first degree (§ 130.71), all classified as class A-II felonies when committed with a deadly weapon, dangerous instrument, physical injury to non-participants, or displayed firearm.
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Reclassifies existing aggravated sexual abuse offenses by renumbering them upward one degree (first degree becomes second degree, second becomes third, third becomes fourth, fourth becomes fifth) to create space for the new first-degree aggravated sexual abuse offense.
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Amends the violent felony offense classifications in Penal Law § 70.02 to reflect the renumbered aggravated sexual abuse degrees in the class B, C, and D violent felony categories.
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Modifies Criminal Procedure Law § 720.10 to make youth ineligible for youthful offender status if convicted of rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse in the second degree, unless mitigating circumstances or minor participation exist.
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Takes effect November 1 following enactment.
Legislative Description
Increases the penalties for the violent sex offenses of rape, criminal sexual act and aggravated sexual abuse when committed in a forcible manner where an actor or accomplice is armed with or displays a deadly weapon, uses or threatens the use of a dangerous instrument or inflicts physical injury upon the victim.
Last Action
COMMITTED TO RULES
6/20/2018