STATE OF NEW YORK ________________________________________________________________________ 4655 2023-2024 Regular Sessions IN SENATE February 13, 2023 ___________ 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: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 3 of 2 section 70.00 of the penal law, as amended by chapter 107 of the laws of 3 2006, is amended to read as follows: 4 (i) For a class A-I felony, such minimum period shall not be less than 5 fifteen years nor more than twenty-five years; provided, however, that 6 (A) where a sentence, other than a sentence of death or life imprison- 7 ment without parole, is imposed upon a defendant convicted of murder in 8 the first degree as defined in section 125.27 of this chapter such mini- 9 mum period shall be not less than twenty years nor more than twenty-five 10 years, and, (B) where a sentence is imposed upon a defendant convicted 11 of murder in the second degree as defined in subdivision five of section 12 125.25 of this chapter or convicted of aggravated murder as defined in 13 section 125.26 of this chapter, the sentence shall be life imprisonment 14 without parole, and, (C) where a sentence is imposed upon a defendant 15 convicted of attempted murder in the first degree as defined in article 16 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 17 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 18 section 125.27 of this chapter or attempted aggravated murder as defined 19 in article one hundred ten of this chapter and section 125.26 of this 20 chapter such minimum period shall be not less than twenty years nor more 21 than forty years, and, (D) where a sentence is imposed upon a defendant 22 convicted of rape of a child as defined in section 130.36 of this chap- 23 ter, convicted of criminal sexual act against a child as defined in 24 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. LBD08700-01-3
S. 4655 2 1 defined in section 130.64 of this chapter, convicted of aggravated sexu- 2 al abuse of a child as defined in section 130.71 of this chapter, 3 convicted of course of sexual conduct against a child in the first 4 degree as defined in section 130.75 of this chapter, convicted of course 5 of sexual conduct against a child in the second degree as defined in 6 section 130.80 of this chapter, convicted of predatory sexual assault 7 against a child as defined in section 130.96 of this chapter, convicted 8 of patronizing a person for prostitution in the first degree as defined 9 in section 230.06 of this chapter, convicted of aggravated patronizing a 10 minor for prostitution in the first degree as defined in section 230.13 11 of this chapter, convicted of promoting prostitution in the first degree 12 as defined in section 230.32 of this chapter, convicted of compelling 13 prostitution as defined in section 230.33 of this chapter, convicted of 14 disseminating indecent material to minors in the first degree as defined 15 in section 235.22 of this chapter, convicted of use of a child in a 16 sexual performance as defined in section 263.05 of this chapter or 17 convicted of facilitating a sexual performance by a child with a 18 controlled substance or alcohol as defined in section 263.30 of this 19 chapter, the sentence shall be life imprisonment without parole. 20 § 2. Subdivision 5 of section 70.00 of the penal law, as amended by 21 section 40-a of part WWW of chapter 59 of the laws of 2017, is amended 22 to read as follows: 23 5. Life imprisonment without parole. Notwithstanding any other 24 provision of law, a defendant sentenced to life imprisonment without 25 parole shall not be or become eligible for parole or conditional 26 release. For purposes of commitment and custody, other than parole and 27 conditional release, such sentence shall be deemed to be an indetermi- 28 nate sentence. A defendant may be sentenced to life imprisonment without 29 parole upon conviction for the crime of murder in the first degree as 30 defined in section 125.27 of this chapter and in accordance with the 31 procedures provided by law for imposing a sentence for such crime. A 32 defendant who was eighteen years of age or older at the time of the 33 commission of the crime must be sentenced to life imprisonment without 34 parole upon conviction for the crime of terrorism as defined in section 35 490.25 of this chapter, where the specified offense the defendant 36 committed is a class A-I felony; the crime of criminal possession of a 37 chemical weapon or biological weapon in the first degree as defined in 38 section 490.45 of this chapter; or the crime of criminal use of a chemi- 39 cal weapon or biological weapon in the first degree as defined in 40 section 490.55 of this chapter; provided, however, that nothing in this 41 subdivision shall preclude or prevent a sentence of death when the 42 defendant is also convicted of the crime of murder in the first degree 43 as defined in section 125.27 of this chapter. A defendant who was seven- 44 teen years of age or younger at the time of the commission of the crime 45 may be sentenced, in accordance with law, to the applicable indetermi- 46 nate sentence with a maximum term of life imprisonment. A defendant must 47 be sentenced to life imprisonment without parole upon conviction for the 48 crime of murder in the second degree as defined in subdivision five of 49 section 125.25 of this chapter or for the crime of aggravated murder as 50 defined in subdivision one of section 125.26 of this chapter. A defend- 51 ant may be sentenced to life imprisonment without parole upon conviction 52 for the crime of aggravated murder as defined in subdivision two of 53 section 125.26 of this chapter. A defendant must be sentenced to life 54 imprisonment without parole upon conviction for the crime of rape of a 55 child as defined in section 130.36 of this chapter, for the crime of 56 criminal sexual act against a child as defined in section 130.51 of this
S. 4655 3 1 chapter, for the crime of sexual abuse of a child as defined in section 2 130.64 of this chapter, for the crime of aggravated sexual abuse of a 3 child as defined in section 130.71 of this chapter, for the crime of 4 course of sexual conduct against a child in the first degree as defined 5 in section 130.75 of this chapter, for the crime of course of sexual 6 conduct against a child in the second degree as defined in section 7 130.80 of this chapter, for the crime of predatory sexual assault 8 against a child as defined in section 130.96 of this chapter, for the 9 crime of patronizing a person for prostitution in the first degree as 10 defined in section 230.06 of this chapter, for the crime of aggravated 11 patronizing a minor for prostitution in the first degree as defined in 12 section 230.13 of this chapter, for the crime of promoting prostitution 13 in the first degree as defined in section 230.32 of this chapter, for 14 the crime of compelling prostitution as defined in section 230.33 of 15 this chapter, for the crime of disseminating indecent material to minors 16 in the first degree as defined in section 235.22 of this chapter, for 17 the crime of use of a child in a sexual performance as defined in 18 section 263.05 of this chapter, or for the crime of facilitating a sexu- 19 al performance by a child with a controlled substance or alcohol as 20 defined in section 263.30 of this chapter. 21 § 3. Section 130.35 of the penal law, as amended by chapter 1 of the 22 laws of 2000, is amended to read as follows: 23 § 130.35 Rape in the first degree. 24 A person is guilty of rape in the first degree when he or she engages 25 in sexual intercourse with another person: 26 1. By forcible compulsion; or 27 2. Who is incapable of consent by reason of being physically help- 28 less[; or 29 3. Who is less than eleven years old; or 30 4. Who is less than thirteen years old and the actor is eighteen years 31 old or more]. 32 Rape in the first degree is a class B felony. 33 § 4. The penal law is amended by adding a new section 130.36 to read 34 as follows: 35 § 130.36 Rape of a child. 36 A person is guilty of rape of a child when he or she engages in sexual 37 intercourse with another person: 38 1. Who is less than eleven years old; or 39 2. Who is less than thirteen years old and the actor is eighteen years 40 old or more. 41 Rape of a child is a class A-I felony. 42 § 5. Section 130.50 of the penal law, as amended by chapter 264 of the 43 laws of 2003, is amended to read as follows: 44 § 130.50 Criminal sexual act in the first degree. 45 A person is guilty of criminal sexual act in the first degree when he 46 or she engages in oral sexual conduct or anal sexual conduct with anoth- 47 er person: 48 1. By forcible compulsion; or 49 2. Who is incapable of consent by reason of being physically help- 50 less[; or 51 3. Who is less than eleven years old; or 52 4. Who is less than thirteen years old and the actor is eighteen years 53 old or more]. 54 Criminal sexual act in the first degree is a class B felony. 55 § 6. The penal law is amended by adding a new section 130.51 to read 56 as follows:
S. 4655 4 1 § 130.51 Criminal sexual act against a child. 2 A person is guilty of criminal sexual act against a child when he or 3 she engages in oral sexual conduct or anal sexual conduct with another 4 person: 5 1. Who is less than eleven years old; or 6 2. Who is less than thirteen years old and the actor is eighteen years 7 old or more. 8 Criminal sexual act against a child is a class A-I felony. 9 § 7. Section 130.65 of the penal law, as amended by chapter 26 of the 10 laws of 2011, is amended to read as follows: 11 § 130.65 Sexual abuse in the first degree. 12 A person is guilty of sexual abuse in the first degree when he or she 13 subjects another person to sexual contact: 14 1. By forcible compulsion; or 15 2. When the other person is incapable of consent by reason of being 16 physically helpless[; or 17 3. When the other person is less than eleven years old; or 18 4. When the other person is less than thirteen years old and the actor 19 is twenty-one years old or older]. 20 Sexual abuse in the first degree is a class D felony. 21 § 8. The penal law is amended by adding a new section 130.64 to read 22 as follows: 23 § 130.64 Sexual abuse of a child. 24 A person is guilty of sexual abuse of a child when he or she subjects 25 another person to sexual contact: 26 1. When the other person is less than eleven years old; or 27 2. When the other person is less than thirteen years old and the actor 28 is twenty-one years old or older. 29 Sexual abuse of a child is a class A-I felony. 30 § 9. Section 130.67 of the penal law, as added by chapter 450 of the 31 laws of 1988, the opening paragraph of subdivision 1 as amended by chap- 32 ter 485 of the laws of 2009, is amended to read as follows: 33 § 130.67 Aggravated sexual abuse in the second degree. 34 1. A person is guilty of aggravated sexual abuse in the second degree 35 when he or she inserts a finger in the vagina, urethra, penis, rectum or 36 anus of another person causing physical injury to such person: 37 (a) By forcible compulsion; or 38 (b) When the other person is incapable of consent by reason of being 39 physically helpless[; or 40 (c) When the other person is less than eleven years old]. 41 2. Conduct performed for a valid medical purpose does not violate the 42 provisions of this section. 43 Aggravated sexual abuse in the second degree is a class C felony. 44 § 10. Section 130.70 of the penal law, as amended by chapter 450 of 45 the laws of 1988, the opening paragraph of subdivision 1 as amended by 46 chapter 485 of the laws of 2009, is amended to read as follows: 47 § 130.70 Aggravated sexual abuse in the first degree. 48 1. A person is guilty of aggravated sexual abuse in the first degree 49 when he or she inserts a foreign object in the vagina, urethra, penis, 50 rectum or anus of another person causing physical injury to such person: 51 (a) By forcible compulsion; or 52 (b) When the other person is incapable of consent by reason of being 53 physically helpless[; or 54 (c) When the other person is less than eleven years old]. 55 2. Conduct performed for a valid medical purpose does not violate the 56 provisions of this section.
S. 4655 5 1 Aggravated sexual abuse in the first degree is a class B felony. 2 § 11. The penal law is amended by adding a new section 130.71 to read 3 as follows: 4 § 130.71 Aggravated sexual abuse of a child. 5 1. A person is guilty of aggravated sexual abuse of a child when he or 6 she inserts a finger or foreign object in the vagina, urethra, penis, 7 rectum or anus of another person causing physical injury to such person, 8 when such person is less than eleven years old. 9 2. Conduct performed for a valid medical purpose does not violate the 10 provisions of this section. 11 Aggravated sexual abuse of a child is a class A-I felony. 12 § 12. The closing paragraph of section 130.75 of the penal law, as 13 amended by chapter 1 of the laws of 2000, is amended to read as follows: 14 Course of sexual conduct against a child in the first degree is a 15 class [B] A-I felony. 16 § 13. The closing paragraph of section 130.80 of the penal law, as 17 amended by chapter 1 of the laws of 2000, is amended to read as follows: 18 Course of sexual conduct against a child in the second degree is a 19 class [D] A-I felony. 20 § 14. Section 130.96 of the penal law, as added by chapter 107 of the 21 laws of 2006, is amended to read as follows: 22 § 130.96 Predatory sexual assault against a child. 23 A person is guilty of predatory sexual assault against a child when, 24 being eighteen years old or more, he or she commits the crime of rape 25 [in the first degree] of a child, criminal sexual act [in the first 26 degree] against a child, aggravated sexual abuse [in the first degree] 27 of a child, course of sexual conduct against a child in the second 28 degree, or course of sexual conduct against a child in the first degree, 29 as defined in this article, and the victim is less than thirteen years 30 old. 31 Predatory sexual assault against a child is a class [A-II] A-I felony. 32 § 15. The closing paragraph of section 230.06 of the penal law, as 33 amended by chapter 368 of the laws of 2015, is amended to read as 34 follows: 35 Patronizing a person for prostitution in the first degree is a class 36 [D] A-I felony. 37 § 16. The closing paragraph of section 230.13 of the penal law, as 38 added by chapter 368 of the laws of 2015, is amended to read as follows: 39 Aggravated patronizing a minor for prostitution in the first degree is 40 a class [B] A-I felony. 41 § 17. The closing paragraph of section 230.32 of the penal law, as 42 added by chapter 627 of the laws of 1978, is amended to read as follows: 43 Promoting prostitution in the first degree is a class [B] A-I felony. 44 § 18. The closing paragraph of section 230.33 of the penal law, as 45 amended by chapter 368 of the laws of 2015, is amended to read as 46 follows: 47 Compelling prostitution is a class [B] A-I felony. 48 § 19. The closing paragraph of section 235.22 of the penal law, as 49 added by chapter 600 of the laws of 1996, is amended to read as follows: 50 Disseminating indecent material to minors in the first degree is a 51 class [D] A-I felony. 52 § 20. The closing paragraph of section 263.05 of the penal law, as 53 amended by chapter 1 of the laws of 2000, is amended to read as follows: 54 Use of a child in a sexual performance is a class [C] A-I felony. 55 § 21. The closing paragraph of section 263.30 of the penal law, as 56 added by chapter 431 of the laws of 2008, is amended to read as follows:
S. 4655 6 1 Facilitating a sexual performance by a child with a controlled 2 substance or alcohol is a class [B] A-I felony. 3 § 22. This act shall take effect on the first of November next 4 succeeding the date on which it shall have become a law and shall apply 5 to offenses committed on or after such date.