Crouch, Calhoun, Graf, Hawley, McDonough, Tedisco, Miller D, Kolb
MLTSPNSR
Burling, Ceretto, McLaughlin, Rivera P
Amd S125.27, Pen L
Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense; amends the definition of torture related to first degree murder.
STATE OF NEW YORK
________________________________________________________________________
6727
2011-2012 Regular Sessions
IN ASSEMBLY
March 25, 2011
___________
Introduced by M. of A. TENNEY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to first degree murder of a
child under the age of twelve
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (x) and (xiii) of paragraph (a) of subdivi-
2 sion 1 of section 125.27 of the penal law, subparagraph (x) as added by
3 chapter 1 of the laws of 1995 and subparagraph (xiii) as added by chap-
4 ter 300 of the laws of 2001, are amended and a new subparagraph (xiv) is
5 added to read as follows:
6 (x) the defendant acted in an especially cruel and wanton manner
7 pursuant to a course of conduct intended to inflict and inflicting
8 torture upon the victim prior to the victim's death. As used in this
9 subparagraph, "torture" means the intentional and depraved infliction of
10 extreme physical pain; "depraved" means the defendant [relished the
11 infliction of] inflicted extreme physical pain upon the victim evidenc-
12 ing debasement or perversion or that the defendant evidenced a sense of
13 pleasure in the infliction of extreme physical pain; or
14 (xiii) the victim was killed in furtherance of an act of terrorism, as
15 defined in paragraph (b) of subdivision one of section 490.05 of this
16 chapter; [and] or
17 (xiv) the victim was a child under the age of twelve; and
18 § 2. This act shall take effect on the first of November next succeed-
19 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.
LBD04289-01-1
