Bill S3052-2013

Increases by 1 degree the severity of rape, criminal sexual act, sexual abuse and course of sexual conduct against a child in the second degrees

Increases by 1 degree the severity of rape in the second degree, criminal sexual act in the second degree, sexual abuse in the second degree and course of sexual conduct against a child in the second degree.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 29, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S3052

TITLE OF BILL: An act to amend the penal law, in relation to increasing the severity of rape in the second degree, criminal sexual act in the second degree, sexual abuse in the second degree and course of sexual conduct against a child in the second degree

PURPOSE: The purpose of the legislation is to increase by one degree the severity of rape, criminal sexual act, sexual abuse and course of sexual conduct against a child in the second degrees.

SUMMARY OF PROVISIONS:

Section 1. The closing paragraph of section 130.30 of the penal law is amended to make rape in the second degree a class C felony.

Section 2. The closing paragraph of section 130.45 of the penal law is amended to make criminal sexual act in the second degree a class C felony.

Section 3. The closing paragraph of section 130.60 of the penal law is amended to make sexual abuse in the second degree a class E felony.

Section 4. The closing paragraph of section 130.80 of the penal law is amended to make course of sexual conduct against a child in the second degree a class C felony.

JUSTIFICATION: Felony sexual assaults are serious crimes, but the current sentencing structure does not reflect the severity of the crimes. Currently, first-time sex offenders convicted of a class D felony will receive only two years; while those convicted two or more times will receive only five years imprisonment With this light sentencing, many sex offenders could be released when their victims are still vulnerable minors. The current sentencing structure is far too lenient on perverse people who prey on our most vulnerable population. The penalties need to be increased to reflect the severity of the crimes; to keep these predators away from our children; and to keep those in our most vulnerable population safe.

LEGISLATIVE HISTORY: S.7367 of 2010, S.2368 of 2011

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3052 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________
Introduced by Sen. SEWARD -- 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 severity of rape in the second degree, criminal sexual act in the second degree, sexual abuse in the second degree and course of sexual conduct against a child in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 130.30 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Rape in the second degree is a class [D] C felony. S 2. The closing paragraph of section 130.45 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: Criminal sexual act in the second degree is a class [D] C felony. S 3. The closing paragraph of section 130.60 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Sexual abuse in the second degree is a class [A misdemeanor] E FELONY. S 4. 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] C felony. S 5. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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