Increases by one degree the severity of rape in the second degree, sexual abuse in the second degree and course of sexual conduct against a child in the second degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2380
SPONSOR: Smullen TITLE OF BILL:
An act to amend the penal law, in relation to increasing the severity of
rape in the second degree, sexual abuse in the second degree and course
of sexual conduct against a child in the second degree
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the legislation is to increase by one degree the
severity• of rape, criminal sexual act, sexual abuse and course of sexu-
al conduct against a child in the second degrees.
SUMMARY OF PROVISIONS:
Section 1. The closing paragraph of section 13030 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 felo-
ny
Section 3. The•closing paragraph of section 130.80 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.
PRIOR LEGISLATIVE HISTORY:
2018 - A2771 Referred to codes
2020 - A4799 Held in Codes
2022 - A2288 Referred to Codes
2024 - A4749 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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.
