STATE OF NEW YORK
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5139
2015-2016 Regular Sessions
IN ASSEMBLY
February 12, 2015
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Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to criminal sexual act 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 130.50 of the penal law, as amended by chapter 264
2 of the laws of 2003, is amended to read as follows:
3 § 130.50 Criminal sexual act in the first degree.
4 A person is guilty of criminal sexual act in the first degree when he
5 or she engages in oral sexual conduct or anal sexual conduct with anoth-
6 er person:
7 1. By forcible compulsion; or
8 2. Who is incapable of consent by reason of being physically helpless;
9 or
10 3. Who is less than eleven years old; or
11 4. Who is less than thirteen years old and the actor is eighteen years
12 old or more; or
13 5. Who is less than seventeen years old and the actor is eighteen
14 years old or more and whom he or she knows to be related to him or her,
15 whether through marriage or not, as an ancestor, descendant, brother or
16 sister of either the whole or the half blood, uncle, aunt, nephew or
17 niece.
18 Criminal sexual act in the first degree is a class B felony.
19 § 2. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08015-01-5
