Redesignates certain sex, prostitution, obscenity and sexual performance offenses committed against a child as class A-I felonies with a sentence of life imprisonment without parole.
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.
