STATE OF NEW YORK
________________________________________________________________________
477
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. OBERACKER, ASHBY, BORRELLO, MATTERA, PALUMBO -- 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 penalty for
rape in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 130.35 of the penal law, as amended by chapter 777
2 of the laws of 2023, is amended to read as follows:
3 § 130.35 Rape in the first degree.
4 A person is guilty of rape in the first degree when:
5 1. [he or she] such person engages in vaginal sexual contact with
6 another person:
7 (a) By forcible compulsion; or
8 (b) Who is incapable of consent by reason of being physically help-
9 less; or
10 (c) Who is less than eleven years old; or
11 (d) Who is less than thirteen years old and the actor is eighteen
12 years old or more;
13 2. [he or she] such person engages in oral sexual contact with another
14 person:
15 (a) By forcible compulsion; or
16 (b) Who is incapable of consent by reason of being physically help-
17 less; or
18 (c) Who is less than eleven years old; or
19 (d) Who is less than thirteen years old and the actor is eighteen
20 years old or more; or
21 3. [he or she] such person engages in anal sexual contact with another
22 person:
23 (a) By forcible compulsion; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01127-01-5
S. 477 2
1 (b) Who is incapable of consent by reason of being physically help-
2 less; or
3 (c) Who is less than eleven years old; or
4 (d) Who is less than thirteen years old and the actor is eighteen
5 years old or more.
6 Rape in the first degree is a class [B] A-II felony.
7 § 2. This act shall take effect immediately.
