STATE OF NEW YORK
________________________________________________________________________
3161
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, the
correction law, the social services law, the vehicle and traffic law,
the family court act, the civil rights law, the civil practice law and
rules, the agriculture and markets law, the judiciary law and the
domestic relations law, in relation to sex offenses; and to repeal
certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 130.40, 130.45 and 130.50 of the penal law are
2 REPEALED.
3 § 2. Subdivisions 1 and 2 of section 130.00 of the penal law, subdivi-
4 sion 2 as amended by chapter 264 of the laws of 2003, are amended to
5 read as follows:
6 1. "[Sexual intercourse] Vaginal sexual contact" [has its ordinary
7 meaning and occurs upon any penetration, however slight] means conduct
8 between persons consisting of contact between the penis and the vagina
9 or vulva.
10 2. (a) "Oral sexual [conduct] contact" means conduct between persons
11 consisting of contact between the mouth and the penis, the mouth and the
12 anus, or the mouth and the vulva or vagina.
13 (b) "Anal sexual [conduct] contact" means conduct between persons
14 consisting of contact between the penis and anus.
15 § 3. Section 130.25 of the penal law, as amended by chapter 1 of the
16 laws of 2000, is amended to read as follows:
17 § 130.25 Rape in the third degree.
18 A person is guilty of rape in the third degree when:
19 1. He or she engages in [sexual intercourse] vaginal sexual contact
20 with another person who is incapable of consent by reason of some factor
21 other than being less than seventeen years old;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07466-01-3
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1 2. He or she engages in oral sexual contact with another person who is
2 incapable of consent by reason of some factor other than being less than
3 seventeen years old;
4 3. He or she engages in anal sexual contact with another person who is
5 incapable of consent by reason of some other factor other than being
6 less than seventeen years old;
7 4. Being twenty-one years old or more, he or she engages in [sexual
8 intercourse] vaginal sexual contact with another person less than seven-
9 teen years old; [or
10 3.] 5. Being twenty-one years old or more, he or she engages in oral
11 sexual contact with another person less than seventeen years old;
12 6. Being twenty-one years old or more, he or she engages in anal sexu-
13 al contact with another person less than seventeen years old;
14 7. He or she engages in [sexual intercourse] vaginal sexual contact
15 with another person without such person's consent where such lack of
16 consent is by reason of some factor other than incapacity to consent[.];
17 8. He or she engages in oral sexual contact with another person with-
18 out such person's consent where such lack of consent is by reason of
19 some factor other than incapacity to consent; or
20 9. He or she engages in anal sexual contact with another person with-
21 out such person's consent where such lack of consent is by reason of
22 some factor other than the incapacity to consent.
23 Rape in the third degree is a class E felony.
24 § 4. Section 130.30 of the penal law, as amended by chapter 1 of the
25 laws of 2000, is amended to read as follows:
26 § 130.30 Rape in the second degree.
27 A person is guilty of rape in the second degree when:
28 1. being eighteen years old or more, he or she engages in [sexual
29 intercourse] vaginal sexual contact with another person less than
30 fifteen years old; [or]
31 2. being eighteen years old or more, he or she engages in oral sexual
32 contact with another person less than fifteen years old;
33 3. being eighteen years old or more, he or she engages in anal sexual
34 contact with another person less than fifteen years old;
35 4. he or she engages in [sexual intercourse] vaginal sexual contact
36 with another person who is incapable of consent by reason of being
37 mentally disabled or mentally incapacitated[.];
38 5. he or she engages in oral sexual contact with another person who is
39 incapable of consent by reason of being mentally disabled or mentally
40 incapacitated; or
41 6. he or she engages in anal sexual contact with another person who is
42 incapable of consent by reason of being mentally disabled or mentally
43 incapacitated.
44 It shall be an affirmative defense to the crime of rape in the second
45 degree as defined in [subdivision] subdivisions one, two and three of
46 this section that the defendant was less than four years older than the
47 victim at the time of the act.
48 Rape in the second degree is a class D felony.
49 § 5. Section 130.35 of the penal law, as amended by chapter 1 of the
50 laws of 2000, is amended to read as follows:
51 § 130.35 Rape in the first degree.
52 A person is guilty of rape in the first degree when:
53 1. he or she engages in [sexual intercourse] vaginal sexual contact
54 with another person:
55 [1.] (a) By forcible compulsion; or
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1 [2.] (b) Who is incapable of consent by reason of being physically
2 helpless; or
3 [3.] (c) Who is less than eleven years old; or
4 [4.] (d) Who is less than thirteen years old and the actor is eighteen
5 years old or more[.];
6 2. he or she engages in oral sexual contact with 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; or
13 3. he or she engages in anal sexual contact with another person:
14 (a) By forcible compulsion; or
15 (b) Who is incapable of consent by reason of being physically help-
16 less; or
17 (c) Who is less than eleven years old; or
18 (d) Who is less than thirteen years old and the actor is eighteen
19 years old or more.
20 Rape in the first degree is a class B felony.
21 § 6. Paragraph 2 of subdivision 18 of section 10.00 of the penal law,
22 as amended by chapter 7 of the laws of 2007, is amended to read as
23 follows:
24 (2) a person fourteen or fifteen years old who is criminally responsi-
25 ble for acts constituting the crimes defined in subdivisions one and two
26 of section 125.25 (murder in the second degree) and in subdivision three
27 of such section provided that the underlying crime for the murder charge
28 is one for which such person is criminally responsible; section 135.25
29 (kidnapping in the first degree); 150.20 (arson in the first degree);
30 subdivisions one and two of section 120.10 (assault in the first
31 degree); 125.20 (manslaughter in the first degree); [subdivisions one
32 and] paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b)
33 of subdivision two, and paragraphs (a) and (b) of subdivision three of
34 section 130.35 (rape in the first degree); [subdivisions one and two of
35 section 130.50 (criminal sexual act in the first degree);] 130.70
36 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
37 first degree); subdivision one of section 140.25 (burglary in the second
38 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
39 first degree); subdivision two of section 160.10 (robbery in the second
40 degree) of this chapter; or section 265.03 of this chapter, where such
41 machine gun or such firearm is possessed on school grounds, as that
42 phrase is defined in subdivision fourteen of section 220.00 of this
43 chapter; or defined in this chapter as an attempt to commit murder in
44 the second degree or kidnapping in the first degree, or such conduct as
45 a sexually motivated felony, where authorized pursuant to section 130.91
46 of [the penal law] this chapter.
47 § 7. Subdivision 2 of section 30.00 of the penal law, as amended by
48 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to
49 read as follows:
50 2. A person thirteen, fourteen or, fifteen years of age is criminally
51 responsible for acts constituting murder in the second degree as defined
52 in subdivisions one and two of section 125.25 and in subdivision three
53 of such section provided that the underlying crime for the murder charge
54 is one for which such person is criminally responsible or for such
55 conduct as a sexually motivated felony, where authorized pursuant to
56 section 130.91 of this chapter; and a person fourteen or, fifteen years
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1 of age is criminally responsible for acts constituting the crimes
2 defined in section 135.25 (kidnapping in the first degree); 150.20
3 (arson in the first degree); subdivisions one and two of section 120.10
4 (assault in the first degree); 125.20 (manslaughter in the first
5 degree); [subdivisions one and] paragraphs (a) and (b) of subdivision
6 one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and
7 (b) of subdivision three of section 130.35 (rape in the first degree);
8 subdivisions one and two of section 130.50 (criminal sexual act in the
9 first degree); 130.70 (aggravated sexual abuse in the first degree);
10 140.30 (burglary in the first degree); subdivision one of section 140.25
11 (burglary in the second degree); 150.15 (arson in the second degree);
12 160.15 (robbery in the first degree); subdivision two of section 160.10
13 (robbery in the second degree) of this chapter; or section 265.03 of
14 this chapter, where such machine gun or such firearm is possessed on
15 school grounds, as that phrase is defined in subdivision fourteen of
16 section 220.00 of this chapter; or defined in this chapter as an attempt
17 to commit murder in the second degree or kidnapping in the first degree,
18 or for such conduct as a sexually motivated felony, where authorized
19 pursuant to section 130.91 of this chapter.
20 § 8. Paragraph (b) of subdivision 2 of section 35.15 of the penal law,
21 as amended by chapter 511 of the laws of 2004, is amended to read as
22 follows:
23 (b) He or she reasonably believes that such other person is committing
24 or attempting to commit a kidnapping, forcible rape, forcible [criminal
25 sexual act] aggravated sexual abuse, or robbery; or
26 § 9. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
27 as amended by chapter 134 of the laws of 2019, is amended to read as
28 follows:
29 (c) Class D violent felony offenses: an attempt to commit any of the
30 class C felonies set forth in paragraph (b); reckless assault of a child
31 as defined in section 120.02, assault in the second degree as defined in
32 section 120.05, menacing a police officer or peace officer as defined in
33 section 120.18, stalking in the first degree, as defined in subdivision
34 one of section 120.60, strangulation in the second degree as defined in
35 section 121.12, rape in the second degree as defined in section 130.30,
36 [criminal sexual act in the second degree as defined in section 130.45,]
37 sexual abuse in the first degree as defined in section 130.65, course of
38 sexual conduct against a child in the second degree as defined in
39 section 130.80, aggravated sexual abuse in the third degree as defined
40 in section 130.66, facilitating a sex offense with a controlled
41 substance as defined in section 130.90, labor trafficking as defined in
42 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
43 possession of a weapon in the third degree as defined in subdivision
44 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
45 a firearm in the third degree as defined in section 265.11, intimidating
46 a victim or witness in the second degree as defined in section 215.16,
47 soliciting or providing support for an act of terrorism in the second
48 degree as defined in section 490.10, and making a terroristic threat as
49 defined in section 490.20, falsely reporting an incident in the first
50 degree as defined in section 240.60, placing a false bomb or hazardous
51 substance in the first degree as defined in section 240.62, placing a
52 false bomb or hazardous substance in a sports stadium or arena, mass
53 transportation facility or enclosed shopping mall as defined in section
54 240.63, aggravated unpermitted use of indoor pyrotechnics in the first
55 degree as defined in section 405.18, and criminal manufacture, sale, or
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1 transport of an undetectable firearm, rifle or shotgun as defined in
2 section 265.50.
3 § 10. Paragraph b of subdivision 5 of section 120.40 of the penal law,
4 as amended by chapter 320 of the laws of 2006, is amended to read as
5 follows:
6 b. a crime defined in section 130.20, 130.25, 130.30, [130.40,
7 130.45,] 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
8 § 11. Paragraph (d) of subdivision 2 and paragraph (h) of subdivision
9 3 of section 130.05 of the penal law, paragraph (d) of subdivision 2 as
10 amended by chapter 40 of the laws of 2004 and paragraph (h) of subdivi-
11 sion 3 as amended by section 2 of part G of chapter 501 of the laws of
12 2012, are amended to read as follows:
13 (d) Where the offense charged is rape in the third degree as defined
14 in [subdivision three] subdivision seven, eight or nine of section
15 130.25, [or criminal sexual act in the third degree as defined in subdi-
16 vision three of section 130.40,] in addition to forcible vaginal sexual
17 contact compulsion, circumstances under which, at the time of the act of
18 intercourse, oral sexual [conduct] contact or anal sexual [conduct]
19 contact, the victim clearly expressed that he or she did not consent to
20 engage in such act, and a reasonable person in the actor's situation
21 would have understood such person's words and acts as an expression of
22 lack of consent to such act under all the circumstances.
23 (h) a client or patient and the actor is a health care provider or
24 mental health care provider charged with rape in the third degree as
25 defined in section 130.25, [criminal sexual act in the third degree as
26 defined in section 130.40,] aggravated sexual abuse in the fourth degree
27 as defined in section 130.65-a, or sexual abuse in the third degree as
28 defined in section 130.55, and the act of sexual conduct occurs during a
29 treatment session, consultation, interview, or examination; or
30 § 12. The opening paragraph of subdivision 3 of section 125.25 of the
31 penal law, as amended by chapter 264 of the laws of 2003, is amended to
32 read as follows:
33 Acting either alone or with one or more other persons, he commits or
34 attempts to commit robbery, burglary, kidnapping, arson, rape in the
35 first degree, [criminal sexual act in the first degree,] sexual abuse in
36 the first degree, aggravated sexual abuse, escape in the first degree,
37 or escape in the second degree, and, in the course of and in furtherance
38 of such crime or of immediate flight therefrom, he, or another partic-
39 ipant, if there be any, causes the death of a person other than one of
40 the participants; except that in any prosecution under this subdivision,
41 in which the defendant was not the only participant in the underlying
42 crime, it is an affirmative defense that the defendant:
43 § 13. Subdivision 5 of section 125.25 of the penal law, as amended by
44 chapter 320 of the laws of 2006, is amended to read as follows:
45 5. Being eighteen years old or more, while in the course of committing
46 rape in the first, second or third degree, [criminal sexual act in the
47 first, second or third degree,] sexual abuse in the first degree, aggra-
48 vated sexual abuse in the first, second, third or fourth degree, or
49 incest in the first, second or third degree, against a person less than
50 fourteen years old, he or she intentionally causes the death of such
51 person.
52 § 14. Subparagraph (vii) of paragraph (a) of subdivision 1 of section
53 125.27 of the penal law, as amended by chapter 264 of the laws of 2003,
54 is amended to read as follows:
55 (vii) the victim was killed while the defendant was in the course of
56 committing or attempting to commit and in furtherance of robbery,
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1 burglary in the first degree or second degree, kidnapping in the first
2 degree, arson in the first degree or second degree, rape in the first
3 degree, [criminal sexual act in the first degree,] sexual abuse in the
4 first degree, aggravated sexual abuse in the first degree or escape in
5 the first degree, or in the course of and furtherance of immediate
6 flight after committing or attempting to commit any such crime or in the
7 course of and furtherance of immediate flight after attempting to commit
8 the crime of murder in the second degree; provided however, the victim
9 is not a participant in one of the aforementioned crimes and, provided
10 further that, unless the defendant's criminal liability under this
11 subparagraph is based upon the defendant having commanded another person
12 to cause the death of the victim or intended victim pursuant to section
13 20.00 of this chapter, this subparagraph shall not apply where the
14 defendant's criminal liability is based upon the conduct of another
15 pursuant to section 20.00 of this chapter; or
16 § 15. Subdivision 3 of section 130.10 of the penal law, as amended by
17 chapter 264 of the laws of 2003, is amended to read as follows:
18 3. In any prosecution for the crime of rape in the third degree as
19 defined in section 130.25, [criminal sexual act in the third degree as
20 defined in section 130.40,] aggravated sexual abuse in the fourth degree
21 as defined in section 130.65-a, or sexual abuse in the third degree as
22 defined in section 130.55 in which incapacity to consent is based on the
23 circumstances set forth in paragraph (h) of subdivision three of section
24 130.05 of this article it shall be an affirmative defense that the
25 client or patient consented to such conduct charged after having been
26 expressly advised by the health care or mental health care provider that
27 such conduct was not performed for a valid medical purpose.
28 § 16. The opening paragraph and subdivision 2 of section 130.95 of the
29 penal law, as added by chapter 107 of the laws of 2006, are amended to
30 read as follows:
31 A person is guilty of predatory sexual assault when he or she commits
32 the crime of rape in the first degree, [criminal sexual act in the first
33 degree,] aggravated sexual abuse in the first degree, or course of sexu-
34 al conduct against a child in the first degree, as defined in this arti-
35 cle, and when:
36 2. He or she has engaged in conduct constituting the crime of rape in
37 the first degree, [criminal sexual act in the first degree,] aggravated
38 sexual abuse in the first degree, or course of sexual conduct against a
39 child in the first degree, as defined in this article, against one or
40 more additional persons; or
41 § 17. The opening paragraph of section 130.96 of the penal law, as
42 added by chapter 107 of the laws of 2006, is amended to read as follows:
43 A person is guilty of predatory sexual assault against a child when,
44 being eighteen years old or more, he or she commits the crime of rape in
45 the first degree, [criminal sexual act in the first degree,] aggravated
46 sexual abuse in the first degree, or course of sexual conduct against a
47 child in the first degree, as defined in this article, and the victim is
48 less than thirteen years old.
49 § 18. Subdivision 2 of section 240.75 of the penal law, as amended by
50 section 8 of part NN of chapter 55 of the laws of 2018, is amended to
51 read as follows:
52 2. A "specified offense" is an offense defined in section 120.00
53 (assault in the third degree); section 120.05 (assault in the second
54 degree); section 120.10 (assault in the first degree); section 120.13
55 (menacing in the first degree); section 120.14 (menacing in the second
56 degree); section 120.15 (menacing in the third degree); section 120.20
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1 (reckless endangerment in the second degree); section 120.25 (reckless
2 endangerment in the first degree); section 120.45 (stalking in the
3 fourth degree); section 120.50 (stalking in the third degree); section
4 120.55 (stalking in the second degree); section 120.60 (stalking in the
5 first degree); section 121.11 (criminal obstruction of breathing or
6 blood circulation); section 121.12 (strangulation in the second degree);
7 section 121.13 (strangulation in the first degree); subdivision one of
8 section 125.15 (manslaughter in the second degree); subdivision one, two
9 or four of section 125.20 (manslaughter in the first degree); section
10 125.25 (murder in the second degree); section 130.20 (sexual miscon-
11 duct); section 130.25 (rape in the third degree); section 130.30 (rape
12 in the second degree); section 130.35 (rape in the first degree);
13 [section 130.40 (criminal sexual act in the third degree); section
14 130.45 (criminal sexual act in the second degree); section 130.50 (crim-
15 inal sexual act in the first degree);] section 130.52 (forcible touch-
16 ing); section 130.53 (persistent sexual abuse); section 130.55 (sexual
17 abuse in the third degree); section 130.60 (sexual abuse in the second
18 degree); section 130.65 (sexual abuse in the first degree); section
19 130.66 (aggravated sexual abuse in the third degree); section 130.67
20 (aggravated sexual abuse in the second degree); section 130.70 (aggra-
21 vated sexual abuse in the first degree); section 130.91 (sexually moti-
22 vated felony); section 130.95 (predatory sexual assault); section 130.96
23 (predatory sexual assault against a child); section 135.05 (unlawful
24 imprisonment in the second degree); section 135.10 (unlawful imprison-
25 ment in the first degree); section 135.60 (coercion in the third
26 degree); section 135.61 (coercion in the second degree); section 135.65
27 (coercion in the first degree); section 140.20 (burglary in the third
28 degree); section 140.25 (burglary in the second degree); section 140.30
29 (burglary in the first degree); section 145.00 (criminal mischief in the
30 fourth degree); section 145.05 (criminal mischief in the third degree);
31 section 145.10 (criminal mischief in the second degree); section 145.12
32 (criminal mischief in the first degree); section 145.14 (criminal
33 tampering in the third degree); section 215.50 (criminal contempt in the
34 second degree); section 215.51 (criminal contempt in the first degree);
35 section 215.52 (aggravated criminal contempt); section 240.25 (harass-
36 ment in the first degree); subdivision one, two or four of section
37 240.30 (aggravated harassment in the second degree); aggravated family
38 offense as defined in this section or any attempt or conspiracy to
39 commit any of the foregoing offenses where the defendant and the person
40 against whom the offense was committed were members of the same family
41 or household as defined in subdivision one of section 530.11 of the
42 criminal procedure law.
43 § 19. Section 255.26 of the penal law, as added by chapter 320 of the
44 laws of 2006, is amended to read as follows:
45 § 255.26 Incest in the second degree.
46 A person is guilty of incest in the second degree when he or she
47 commits the crime of rape in the second degree, as defined in section
48 130.30 of this part, [or criminal sexual act in the second degree, as
49 defined in section 130.45 of this part,] against a person whom he or she
50 knows to be related to him or her, whether through marriage or not, as
51 an ancestor, descendant, brother or sister of either the whole or the
52 half blood, uncle, aunt, nephew or niece.
53 Incest in the second degree is a class D felony.
54 § 20. Section 255.27 of the penal law, as added by chapter 320 of the
55 laws of 2006, is amended to read as follows:
56 § 255.27 Incest in the first degree.
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1 A person is guilty of incest in the first degree when he or she
2 commits the crime of rape in the first degree, as defined in paragraph
3 (c) or (d) of subdivision [three or four] one, paragraph (c) or (d) of
4 subdivision two or paragraph (c) or (d) of subdivision three of section
5 130.35 of this part[, or criminal sexual act in the first degree, as
6 defined in subdivision three or four of section 130.50 of this part,]
7 against a person whom he or she knows to be related to him or her,
8 whether through marriage or not, as an ancestor, descendant, brother or
9 sister of either the whole or half blood, uncle, aunt, nephew or niece.
10 Incest in the first degree is a class B felony.
11 § 21. Subdivision 3 of section 485.05 of the penal law, as amended by
12 section 3 of part R of chapter 55 of the laws of 2020, is amended to
13 read as follows:
14 3. A "specified offense" is an offense defined by any of the following
15 provisions of this chapter: section 120.00 (assault in the third
16 degree); section 120.05 (assault in the second degree); section 120.10
17 (assault in the first degree); section 120.12 (aggravated assault upon a
18 person less than eleven years old); section 120.13 (menacing in the
19 first degree); section 120.14 (menacing in the second degree); section
20 120.15 (menacing in the third degree); section 120.20 (reckless endan-
21 germent in the second degree); section 120.25 (reckless endangerment in
22 the first degree); section 121.12 (strangulation in the second degree);
23 section 121.13 (strangulation in the first degree); subdivision one of
24 section 125.15 (manslaughter in the second degree); subdivision one, two
25 or four of section 125.20 (manslaughter in the first degree); section
26 125.25 (murder in the second degree); section 120.45 (stalking in the
27 fourth degree); section 120.50 (stalking in the third degree); section
28 120.55 (stalking in the second degree); section 120.60 (stalking in the
29 first degree); paragraph (a) of subdivision one, paragraph (a) of subdi-
30 vision two and paragraph (a) of subdivision three of section 130.35
31 (rape in the first degree); [subdivision one of section 130.50 (criminal
32 sexual act in the first degree); subdivision one of section 130.65
33 (sexual abuse in the first degree);] paragraph (a) of subdivision one of
34 section 130.67 (aggravated sexual abuse in the second degree); paragraph
35 (a) of subdivision one of section 130.70 (aggravated sexual abuse in the
36 first degree); section 135.05 (unlawful imprisonment in the second
37 degree); section 135.10 (unlawful imprisonment in the first degree);
38 section 135.20 (kidnapping in the second degree); section 135.25
39 (kidnapping in the first degree); section 135.60 (coercion in the third
40 degree); section 135.61 (coercion in the second degree); section 135.65
41 (coercion in the first degree); section 140.10 (criminal trespass in the
42 third degree); section 140.15 (criminal trespass in the second degree);
43 section 140.17 (criminal trespass in the first degree); section 140.20
44 (burglary in the third degree); section 140.25 (burglary in the second
45 degree); section 140.30 (burglary in the first degree); section 145.00
46 (criminal mischief in the fourth degree); section 145.05 (criminal
47 mischief in the third degree); section 145.10 (criminal mischief in the
48 second degree); section 145.12 (criminal mischief in the first degree);
49 section 150.05 (arson in the fourth degree); section 150.10 (arson in
50 the third degree); section 150.15 (arson in the second degree); section
51 150.20 (arson in the first degree); section 155.25 (petit larceny);
52 section 155.30 (grand larceny in the fourth degree); section 155.35
53 (grand larceny in the third degree); section 155.40 (grand larceny in
54 the second degree); section 155.42 (grand larceny in the first degree);
55 section 160.05 (robbery in the third degree); section 160.10 (robbery in
56 the second degree); section 160.15 (robbery in the first degree);
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1 section 240.25 (harassment in the first degree); subdivision one, two or
2 four of section 240.30 (aggravated harassment in the second degree);
3 section 490.10 (soliciting or providing support for an act of terrorism
4 in the second degree); section 490.15 (soliciting or providing support
5 for an act of terrorism in the first degree); section 490.20 (making a
6 terroristic threat); section 490.25 (crime of terrorism); section 490.30
7 (hindering prosecution of terrorism in the second degree); section
8 490.35 (hindering prosecution of terrorism in the first degree); section
9 490.37 (criminal possession of a chemical weapon or biological weapon in
10 the third degree); section 490.40 (criminal possession of a chemical
11 weapon or biological weapon in the second degree); section 490.45 (crim-
12 inal possession of a chemical weapon or biological weapon in the first
13 degree); section 490.47 (criminal use of a chemical weapon or biological
14 weapon in the third degree); section 490.50 (criminal use of a chemical
15 weapon or biological weapon in the second degree); section 490.55 (crim-
16 inal use of a chemical weapon or biological weapon in the first degree);
17 or any attempt or conspiracy to commit any of the foregoing offenses.
18 § 22. Subdivision 42 of section 1.20 of the criminal procedure law, as
19 amended by chapter 7 of the laws of 2007, is amended to read as follows:
20 42. "Juvenile offender" means (1) a person, thirteen years old who is
21 criminally responsible for acts constituting murder in the second degree
22 as defined in subdivisions one and two of section 125.25 of the penal
23 law, or such conduct as a sexually motivated felony, where authorized
24 pursuant to section 130.91 of the penal law; and (2) a person fourteen
25 or fifteen years old who is criminally responsible for acts constituting
26 the crimes defined in subdivisions one and two of section 125.25 (murder
27 in the second degree) and in subdivision three of such section provided
28 that the underlying crime for the murder charge is one for which such
29 person is criminally responsible; section 135.25 (kidnapping in the
30 first degree); 150.20 (arson in the first degree); subdivisions one and
31 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
32 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
33 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
34 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
35 first degree); [subdivisions one and two of section 130.50 (criminal
36 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
37 first degree); 140.30 (burglary in the first degree); subdivision one of
38 section 140.25 (burglary in the second degree); 150.15 (arson in the
39 second degree); 160.15 (robbery in the first degree); subdivision two of
40 section 160.10 (robbery in the second degree) of the penal law; or
41 section 265.03 of the penal law, where such machine gun or such firearm
42 is possessed on school grounds, as that phrase is defined in subdivision
43 fourteen of section 220.00 of the penal law; or defined in the penal law
44 as an attempt to commit murder in the second degree or kidnapping in the
45 first degree, or such conduct as a sexually motivated felony, where
46 authorized pursuant to section 130.91 of the penal law.
47 § 23. Paragraphs (a) and (b) of subdivision 1, the opening paragraph
48 of subdivision 2 and paragraph (a) of subdivision 3 of section 140.20 of
49 the criminal procedure law, paragraphs (a) and (b) of subdivision 1 as
50 amended by chapter 324 of the laws of 1988, the opening paragraph of
51 subdivision 2 and paragraph (a) of subdivision 3 as amended by chapter
52 550 of the laws of 1987, are amended to read as follows:
53 (a) If the arrest is for an offense other than a class A, B, C or D
54 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
55 205.19 or 215.56 of the penal law committed in a town, but not in a
56 village thereof having a village court, and the town court of such town
S. 3161 10
1 is not available at the time, the arrested person may be brought before
2 the local criminal court of any village within such town or, any adjoin-
3 ing town, village embraced in whole or in part by such adjoining town,
4 or city of the same county; and
5 (b) If the arrest is for an offense other than a class A, B, C or D
6 felony or a violation of section 130.25, [130.40,] 205.10, 205.17,
7 205.19 or 215.56 of the penal law committed in a village having a
8 village court and such court is not available at the time, the arrested
9 person may be brought before the town court of the town embracing such
10 village or any other village court within such town, or, if such town or
11 village court is not available either, before the local criminal court
12 of any adjoining town, village embraced in whole or in part by such
13 adjoining town, or city of the same county; and
14 If the arrest is for an offense other than a class A, B, C or D felony
15 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
16 215.56 of the penal law, the arrested person need not be brought before
17 a local criminal court as provided in subdivision one, and the procedure
18 may instead be as follows:
19 (a) the arrest is for an offense other than a class A, B, C or D felo-
20 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
21 215.56 of the penal law, and
22 § 24. Paragraph (a) of subdivision 3 and the opening paragraph of
23 subdivision 4 of section 140.27 of the criminal procedure law, as
24 amended by chapter 550 of the laws of 1987, are amended to read as
25 follows:
26 (a) the arrest is for an offense other than a class A, B, C or D felo-
27 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
28 215.56 of the penal law and
29 If the arrest is for an offense other than a class A, B, C or D felony
30 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
31 215.56 of the penal law, the arrested person need not be brought before
32 a local criminal court as provided in subdivision two, and the procedure
33 may instead be as follows:
34 § 25. Paragraph (a) of subdivision 2 and the opening paragraph of
35 subdivision 3 of section 140.40 of the criminal procedure law, as
36 amended by chapter 550 of the laws of 1987, are amended to read as
37 follows:
38 (a) the arrest is for an offense other than a class A, B, C or D felo-
39 ny or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
40 215.56 of the penal law and
41 If the arrest is for an offense other than a class A, B, C or D felony
42 or a violation of section 130.25, [130.40,] 205.10, 205.17, 205.19 or
43 215.56 of the penal law, the arrested person need not be brought before
44 a local criminal court, as provided in subdivision one, and the proce-
45 dure may instead be as follows:
46 § 26. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
47 procedure law, as amended by section 1-a of part JJJ of chapter 59 of
48 the laws of 2019, is amended to read as follows:
49 (a) Whenever a police officer is authorized pursuant to section 140.10
50 of this title to arrest a person without a warrant for an offense other
51 than a class A, B, C or D felony or a violation of section 130.25,
52 [130.40,] 205.10, 205.17, 205.19 or 215.56 of the penal law, he shall,
53 except as set out in paragraph (b) of this subdivision, subject to the
54 provisions of subdivisions three and four of section 150.40 of this
55 title, instead issue to and serve upon such person an appearance ticket.
S. 3161 11
1 § 27. Subdivision (a) of section 190.71 of the criminal procedure law,
2 as amended by chapter 7 of the laws of 2007, is amended to read as
3 follows:
4 (a) Except as provided in subdivision six of section 200.20 of this
5 chapter, a grand jury may not indict (i) a person thirteen years of age
6 for any conduct or crime other than conduct constituting a crime defined
7 in subdivisions one and two of section 125.25 (murder in the second
8 degree) or such conduct as a sexually motivated felony, where authorized
9 pursuant to section 130.91 of the penal law; (ii) a person fourteen or
10 fifteen years of age for any conduct or crime other than conduct consti-
11 tuting a crime defined in subdivisions one and two of section 125.25
12 (murder in the second degree) and in subdivision three of such section
13 provided that the underlying crime for the murder charge is one for
14 which such person is criminally responsible; 135.25 (kidnapping in the
15 first degree); 150.20 (arson in the first degree); subdivisions one and
16 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
17 er in the first degree); [subdivisions one and] paragraphs (a) and (b)
18 of subdivision one, paragraphs (a) and (b) of subdivision two and para-
19 graphs (a) and (b) of subdivision three of section 130.35 (rape in the
20 first degree); [subdivisions one and two of section 130.50 (criminal
21 sexual act in the first degree);] 130.70 (aggravated sexual abuse in the
22 first degree); 140.30 (burglary in the first degree); subdivision one of
23 section 140.25 (burglary in the second degree); 150.15 (arson in the
24 second degree); 160.15 (robbery in the first degree); subdivision two of
25 section 160.10 (robbery in the second degree) of the penal law; [subdi-
26 vision four of section 265.02 of the penal law, where such firearm is
27 possessed on school grounds, as that phrase is defined in subdivision
28 fourteen of section 220.00 of the penal law;] or section 265.03 of the
29 penal law, where such machine gun or such firearm is possessed on school
30 grounds, as that phrase is defined in subdivision fourteen of section
31 220.00 of the penal law; or defined in the penal law as an attempt to
32 commit murder in the second degree or kidnapping in the first degree, or
33 such conduct as a sexually motivated felony, where authorized pursuant
34 to section 130.91 of the penal law.
35 § 28. Subdivision 4 of section 722.20 of the criminal procedure law,
36 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
37 is amended to read as follows:
38 4. Notwithstanding the provisions of subdivisions two and three of
39 this section, the court shall, at the request of the district attorney,
40 order removal of an action against a juvenile offender to the family
41 court pursuant to the provisions of article seven hundred twenty-five of
42 this title if, upon consideration of the criteria specified in subdivi-
43 sion two of section 722.22 of this article, it is determined that to do
44 so would be in the interests of justice. Where, however, the felony
45 complaint charges the juvenile offender with murder in the second degree
46 as defined in section 125.25 of the penal law, rape in the first degree
47 as defined in paragraph (a) of subdivision one, paragraph (a) of subdi-
48 vision two and paragraph (a) of subdivision three of section 130.35 of
49 the penal law, [criminal sexual act in the first degree as defined in
50 subdivision one of section 130.50 of the penal law,] or an armed felony
51 as defined in paragraph (a) of subdivision forty-one of section 1.20 of
52 this chapter, a determination that such action be removed to the family
53 court shall, in addition, be based upon a finding of one or more of the
54 following factors: (i) mitigating circumstances that bear directly upon
55 the manner in which the crime was committed; or (ii) where the defendant
56 was not the sole participant in the crime, the defendant's participation
S. 3161 12
1 was relatively minor although not so minor as to constitute a defense to
2 the prosecution; or (iii) possible deficiencies in proof of the crime.
3 § 29. Subdivision 5 of section 722.21 of the criminal procedure law,
4 as added by section 1-a of part WWW of chapter 59 of the laws of 2017,
5 is amended to read as follows:
6 5. Notwithstanding subdivisions two and three of this section, at the
7 request of the district attorney, the court shall order removal of an
8 action against an adolescent offender charged with an offense listed in
9 paragraph (a) of subdivision two of section 722.23 of this article, to
10 the family court pursuant to the provisions of article seven hundred
11 twenty-five of this title and upon consideration of the criteria speci-
12 fied in subdivision two of section 722.22 of this article, it is deter-
13 mined that to do so would be in the interests of justice. Where, howev-
14 er, the felony complaint charges the adolescent offender with murder in
15 the second degree as defined in section 125.25 of the penal law, rape in
16 the first degree as defined in paragraph (a) of subdivision one, para-
17 graph (a) of subdivision two and paragraph (a) of subdivision three of
18 section 130.35 of the penal law, [criminal sexual act in the first
19 degree as defined in subdivision one of section 130.50 of the penal
20 law,] or an armed felony as defined in paragraph (a) of subdivision
21 forty-one of section 1.20 of this chapter, a determination that such
22 action be removed to the family court shall, in addition, be based upon
23 a finding of one or more of the following factors: (i) mitigating
24 circumstances that bear directly upon the manner in which the crime was
25 committed; or (ii) where the defendant was not the sole participant in
26 the crime, the defendant's participation was relatively minor although
27 not so minor as to constitute a defense to the prosecution; or (iii)
28 possible deficiencies in proof of the crime.
29 § 30. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
30 procedure law, as added by section 1-a of part WWW of chapter 59 of the
31 laws of 2017, is amended to read as follows:
32 (b) with the consent of the district attorney, order removal of an
33 action involving an indictment charging a juvenile offender with murder
34 in the second degree as defined in section 125.25 of the penal law; rape
35 in the first degree, as defined in paragraph (a) of subdivision one,
36 paragraph (a) of subdivision two and paragraph (a) of subdivision three
37 of section 130.35 of the penal law[; criminal sexual act in the first
38 degree, as defined in subdivision one of section 130.50 of the penal
39 law]; or an armed felony as defined in paragraph (a) of subdivision
40 forty-one of section 1.20 of this chapter, to the family court pursuant
41 to the provisions of article seven hundred twenty-five of this title if
42 the court finds one or more of the following factors: (i) mitigating
43 circumstances that bear directly upon the manner in which the crime was
44 committed; (ii) where the defendant was not the sole participant in the
45 crime, the defendant's participation was relatively minor although not
46 so minor as to constitute a defense to the prosecution; or (iii) possi-
47 ble deficiencies in the proof of the crime, and, after consideration of
48 the factors set forth in subdivision two of this section, the court
49 determined that removal of the action to the family court would be in
50 the interests of justice.
51 § 31. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
52 220.10 of the criminal procedure law, as amended by chapter 264 of the
53 laws of 2003, is amended to read as follows:
54 (iii) Where the indictment does not charge a crime specified in
55 subparagraph (i) of this paragraph, the district attorney may recommend
56 removal of the action to the family court. Upon making such recommenda-
S. 3161 13
1 tion the district attorney shall submit a subscribed memorandum setting
2 forth: (1) a recommendation that the interests of justice would best be
3 served by removal of the action to the family court; and (2) if the
4 indictment charges a thirteen year old with the crime of murder in the
5 second degree, or a fourteen or fifteen year old with the crimes of rape
6 in the first degree as defined in paragraph (a) of subdivision one,
7 paragraph (a) of subdivision two and paragraph (a) of subdivision three
8 of section 130.35 of the penal law, [or criminal sexual act in the first
9 degree as defined in subdivision one of section 130.50 of the penal
10 law,] or an armed felony as defined in paragraph (a) of subdivision
11 forty-one of section 1.20 of this chapter specific factors, one or more
12 of which reasonably supports the recommendation, showing, (i) mitigating
13 circumstances that bear directly upon the manner in which the crime was
14 committed, or (ii) where the defendant was not the sole participant in
15 the crime, that the defendant's participation was relatively minor
16 although not so minor as to constitute a defense to the prosecution, or
17 (iii) possible deficiencies in proof of the crime, or (iv) where the
18 juvenile offender has no previous adjudications of having committed a
19 designated felony act, as defined in subdivision eight of section 301.2
20 of the family court act, regardless of the age of the offender at the
21 time of commission of the act, that the criminal act was not part of a
22 pattern of criminal behavior and, in view of the history of the offen-
23 der, is not likely to be repeated.
24 § 32. Subdivision 6 of section 300.50 of the criminal procedure law,
25 as amended by chapter 264 of the laws of 2003, is amended to read as
26 follows:
27 6. For purposes of this section, the offenses of rape in the third
28 degree as defined in [subdivision three] subdivisions seven, eight and
29 nine of section 130.25 of the penal law [and criminal sexual act in the
30 third degree as defined in subdivision three of section 130.40 of the
31 penal law], are not lesser included offenses of rape in the first
32 degree[, criminal sexual act in the first degree] or any other offense.
33 Notwithstanding the foregoing, [either] any such offense may be submit-
34 ted as a lesser included offense of the applicable first degree offense
35 when (i) there is a reasonable view of the evidence which would support
36 a finding that the defendant committed such lesser offense but did not
37 commit the greater offense, and (ii) both parties consent to its
38 submission.
39 § 32-a. Subdivision 6 of section 380.50 of the criminal procedure law,
40 as separately amended by chapters 368 and 394 of the laws of 2015, is
41 amended to read as follows:
42 6. Regardless of whether the victim requests to make a statement with
43 regard to the defendant's sentence, where the defendant is sentenced for
44 a violent felony offense as defined in section 70.02 of the penal law or
45 a felony defined in article one hundred twenty-five of such law or any
46 of the following provisions of such law sections 130.25, 130.30,
47 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
48 three, 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivi-
49 sion two of section 230.30 or 230.32, the prosecutor shall, within sixty
50 days of the imposition of sentence, provide the victim with a form,
51 prepared and distributed by the commissioner of the division of criminal
52 justice services, in consultation with the director of the office of
53 victim services, on which the victim may indicate a demand to be
54 informed of any petition to change the name of such defendant. Such
55 forms shall be maintained by such prosecutor. Upon receipt of a notice
56 of a petition to change the name of any such defendant, pursuant to
S. 3161 14
1 subdivision two of section sixty-two of the civil rights law, the prose-
2 cutor shall promptly notify the victim at the most current address or
3 telephone number provided by such victim in the most reasonable and
4 expedient possible manner of the time and place such petition will be
5 presented to the court.
6 § 33. Paragraph (b) of subdivision 8 of section 700.05 of the crimi-
7 nal procedure law, as amended by chapter 134 of the laws of 2019, is
8 amended to read as follows:
9 (b) Any of the following felonies: assault in the second degree as
10 defined in section 120.05 of the penal law, assault in the first degree
11 as defined in section 120.10 of the penal law, reckless endangerment in
12 the first degree as defined in section 120.25 of the penal law, promot-
13 ing a suicide attempt as defined in section 120.30 of the penal law,
14 strangulation in the second degree as defined in section 121.12 of the
15 penal law, strangulation in the first degree as defined in section
16 121.13 of the penal law, criminally negligent homicide as defined in
17 section 125.10 of the penal law, manslaughter in the second degree as
18 defined in section 125.15 of the penal law, manslaughter in the first
19 degree as defined in section 125.20 of the penal law, murder in the
20 second degree as defined in section 125.25 of the penal law, murder in
21 the first degree as defined in section 125.27 of the penal law, rape in
22 the third degree as defined in section 130.25 of the penal law, rape in
23 the second degree as defined in section 130.30 of the penal law, rape in
24 the first degree as defined in section 130.35 of the penal law, [crimi-
25 nal sexual act in the third degree as defined in section 130.40 of the
26 penal law, criminal sexual act in the second degree as defined in
27 section 130.45 of the penal law, criminal sexual act in the first degree
28 as defined in section 130.50 of the penal law,] sexual abuse in the
29 first degree as defined in section 130.65 of the penal law, unlawful
30 imprisonment in the first degree as defined in section 135.10 of the
31 penal law, kidnapping in the second degree as defined in section 135.20
32 of the penal law, kidnapping in the first degree as defined in section
33 135.25 of the penal law, labor trafficking as defined in section 135.35
34 of the penal law, aggravated labor trafficking as defined in section
35 135.37 of the penal law, custodial interference in the first degree as
36 defined in section 135.50 of the penal law, coercion in the first degree
37 as defined in section 135.65 of the penal law, criminal trespass in the
38 first degree as defined in section 140.17 of the penal law, burglary in
39 the third degree as defined in section 140.20 of the penal law, burglary
40 in the second degree as defined in section 140.25 of the penal law,
41 burglary in the first degree as defined in section 140.30 of the penal
42 law, criminal mischief in the third degree as defined in section 145.05
43 of the penal law, criminal mischief in the second degree as defined in
44 section 145.10 of the penal law, criminal mischief in the first degree
45 as defined in section 145.12 of the penal law, criminal tampering in the
46 first degree as defined in section 145.20 of the penal law, arson in the
47 fourth degree as defined in section 150.05 of the penal law, arson in
48 the third degree as defined in section 150.10 of the penal law, arson in
49 the second degree as defined in section 150.15 of the penal law, arson
50 in the first degree as defined in section 150.20 of the penal law, grand
51 larceny in the fourth degree as defined in section 155.30 of the penal
52 law, grand larceny in the third degree as defined in section 155.35 of
53 the penal law, grand larceny in the second degree as defined in section
54 155.40 of the penal law, grand larceny in the first degree as defined in
55 section 155.42 of the penal law, health care fraud in the fourth degree
56 as defined in section 177.10 of the penal law, health care fraud in the
S. 3161 15
1 third degree as defined in section 177.15 of the penal law, health care
2 fraud in the second degree as defined in section 177.20 of the penal
3 law, health care fraud in the first degree as defined in section 177.25
4 of the penal law, robbery in the third degree as defined in section
5 160.05 of the penal law, robbery in the second degree as defined in
6 section 160.10 of the penal law, robbery in the first degree as defined
7 in section 160.15 of the penal law, unlawful use of secret scientific
8 material as defined in section 165.07 of the penal law, criminal
9 possession of stolen property in the fourth degree as defined in section
10 165.45 of the penal law, criminal possession of stolen property in the
11 third degree as defined in section 165.50 of the penal law, criminal
12 possession of stolen property in the second degree as defined by section
13 165.52 of the penal law, criminal possession of stolen property in the
14 first degree as defined by section 165.54 of the penal law, trademark
15 counterfeiting in the second degree as defined in section 165.72 of the
16 penal law, trademark counterfeiting in the first degree as defined in
17 section 165.73 of the penal law, forgery in the second degree as defined
18 in section 170.10 of the penal law, forgery in the first degree as
19 defined in section 170.15 of the penal law, criminal possession of a
20 forged instrument in the second degree as defined in section 170.25 of
21 the penal law, criminal possession of a forged instrument in the first
22 degree as defined in section 170.30 of the penal law, criminal
23 possession of forgery devices as defined in section 170.40 of the penal
24 law, falsifying business records in the first degree as defined in
25 section 175.10 of the penal law, tampering with public records in the
26 first degree as defined in section 175.25 of the penal law, offering a
27 false instrument for filing in the first degree as defined in section
28 175.35 of the penal law, issuing a false certificate as defined in
29 section 175.40 of the penal law, criminal diversion of prescription
30 medications and prescriptions in the second degree as defined in section
31 178.20 of the penal law, criminal diversion of prescription medications
32 and prescriptions in the first degree as defined in section 178.25 of
33 the penal law, residential mortgage fraud in the fourth degree as
34 defined in section 187.10 of the penal law, residential mortgage fraud
35 in the third degree as defined in section 187.15 of the penal law, resi-
36 dential mortgage fraud in the second degree as defined in section 187.20
37 of the penal law, residential mortgage fraud in the first degree as
38 defined in section 187.25 of the penal law, escape in the second degree
39 as defined in section 205.10 of the penal law, escape in the first
40 degree as defined in section 205.15 of the penal law, absconding from
41 temporary release in the first degree as defined in section 205.17 of
42 the penal law, promoting prison contraband in the first degree as
43 defined in section 205.25 of the penal law, hindering prosecution in the
44 second degree as defined in section 205.60 of the penal law, hindering
45 prosecution in the first degree as defined in section 205.65 of the
46 penal law, sex trafficking as defined in section 230.34 of the penal
47 law, sex trafficking of a child as defined in section 230.34-a of the
48 penal law, criminal possession of a weapon in the third degree as
49 defined in subdivisions two, three and five of section 265.02 of the
50 penal law, criminal possession of a weapon in the second degree as
51 defined in section 265.03 of the penal law, criminal possession of a
52 weapon in the first degree as defined in section 265.04 of the penal
53 law, manufacture, transport, disposition and defacement of weapons and
54 dangerous instruments and appliances defined as felonies in subdivisions
55 one, two, and three of section 265.10 of the penal law, sections 265.11,
56 265.12 and 265.13 of the penal law, or prohibited use of weapons as
S. 3161 16
1 defined in subdivision two of section 265.35 of the penal law, relating
2 to firearms and other dangerous weapons, criminal manufacture, sale or
3 transport of an undetectable firearm, rifle or shotgun as defined in
4 section 265.50 of the penal law, or failure to disclose the origin of a
5 recording in the first degree as defined in section 275.40 of the penal
6 law;
7 § 34. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
8 procedure law, as amended by chapter 316 of the laws of 2006, is amended
9 to read as follows:
10 (a) the conviction to be replaced by a youthful offender finding is
11 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
12 defined in subdivision forty-one of section 1.20, except as provided in
13 subdivision three, or (iii) rape in the first degree[, criminal sexual
14 act in the first degree,] or aggravated sexual abuse, except as provided
15 in subdivision three, or
16 § 35. Paragraph (a) of subdivision 2 and paragraph (a) of subdivision
17 3 of section 168-a of the correction law, paragraph (a) of subdivision 2
18 as amended by chapter 405 of the laws of 2008, subparagraph (i) of para-
19 graph (a) of subdivision 2 as amended by chapter 189 of the laws of 2018
20 and paragraph (a) of subdivision 3 as amended by chapter 107 of the laws
21 of 2006, are amended to read as follows:
22 (a) (i) a conviction of or a conviction for an attempt to commit any
23 of the provisions of sections 120.70, 130.20, 130.25, 130.30, [130.40,
24 130.45,] 130.60, 230.34, 230.34-a 250.50, 255.25, 255.26 and 255.27 or
25 article two hundred sixty-three of the penal law, or section 135.05,
26 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
27 provided the victim of such kidnapping or related offense is less than
28 seventeen years old and the offender is not the parent of the victim, or
29 section 230.04, where the person patronized is in fact less than seven-
30 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision
31 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
32 law, or section 230.25 of the penal law where the person prostituted is
33 in fact less than seventeen years old, or (ii) a conviction of or a
34 conviction for an attempt to commit any of the provisions of section
35 235.22 of the penal law, or (iii) a conviction of or a conviction for an
36 attempt to commit any provisions of the foregoing sections committed or
37 attempted as a hate crime defined in section 485.05 of the penal law or
38 as a crime of terrorism defined in section 490.25 of such law or as a
39 sexually motivated felony defined in section 130.91 of such law; or
40 (a) (i) a conviction of or a conviction for an attempt to commit any
41 of the provisions of sections 130.35, [130.50,] 130.65, 130.66, 130.67,
42 130.70, 130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a
43 conviction of or a conviction for an attempt to commit any of the
44 provisions of sections 130.53, 130.65-a and 130.90 of the penal law, or
45 (iii) a conviction of or a conviction for an attempt to commit any
46 provisions of the foregoing sections committed or attempted as a hate
47 crime defined in section 485.05 of the penal law or as a crime of
48 terrorism defined in section 490.25 of such law; or
49 § 36. Subparagraph (ii) of paragraph (a), subparagraphs (i) and (ii)
50 of paragraph (b) and paragraph (e) of subdivision 8 of section 384-b of
51 the social services law, subparagraph (ii) of paragraph (a) and subpara-
52 graph (i) of paragraph (b) as amended by chapter 430 of the laws of
53 2013, subparagraph (ii) of paragraph (b) as amended and paragraph (e) as
54 added by chapter 7 of the laws of 1999, are amended to read as follows:
55 (ii) the child has been found to be an abused child, as defined in
56 paragraph (iii) of subdivision (e) of section ten hundred twelve of the
S. 3161 17
1 family court act, as a result of such parent's acts; provided, however,
2 the respondent must have committed or knowingly allowed to be committed
3 a felony sex offense as defined in sections 130.25, 130.30, 130.35,
4 [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75, 130.80, 130.95
5 and 130.96 of the penal law and, for the purposes of this section the
6 corroboration requirements contained in the penal law shall not apply to
7 proceedings under this section; or
8 (i) the child has been found to be an abused child, (A) as defined in
9 paragraph (i) of subdivision (e) of section ten hundred twelve of the
10 family court act, as a result of such parent's acts; or (B) as defined
11 in paragraph (iii) of subdivision (e) of section ten hundred twelve of
12 the family court act, as a result of such parent's acts; provided,
13 however, the respondent must have committed or knowingly allowed to be
14 committed a felony sex offense as defined in sections 130.25, 130.30,
15 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75,
16 130.80, 130.95 and 130.96 of the penal law; and
17 (ii) (A) the child or another child for whose care such parent is or
18 has been legally responsible has been previously found, within the five
19 years immediately preceding the initiation of the proceeding in which
20 such abuse is found, to be an abused child, as defined in paragraph (i)
21 or (iii) of subdivision (e) of section ten hundred twelve of the family
22 court act, as a result of such parent's acts; provided, however, in the
23 case of a finding of abuse as defined in paragraph (iii) of subdivision
24 (e) of section ten hundred twelve of the family court act the respondent
25 must have committed or knowingly allowed to be committed a felony sex
26 offense as defined in sections 130.25, 130.30, 130.35, [130.40, 130.45,
27 130.50,] 130.65, 130.67, 130.70, 130.75 and 130.80 of the penal law, or
28 (B) the parent has been convicted of a crime under section 130.25,
29 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67, 130.70, 130.75
30 or 130.80 of the penal law against the child, a sibling of the child or
31 another child for whose care such parent is or has been legally respon-
32 sible, within the five year period immediately preceding the initiation
33 of the proceeding in which abuse is found; and
34 (e) A determination by the court in accordance with article ten of the
35 family court act based upon clear and convincing evidence that a child
36 was abused (A) as defined in paragraph (i) of subdivision (e) of section
37 ten hundred twelve of the family court act, as a result of such parent's
38 acts; or (B) as defined in paragraph (iii) of subdivision (e) of section
39 ten hundred twelve of the family court act, as a result of such parent's
40 acts; provided, however, the respondent must have committed or knowingly
41 allowed to be committed a felony sex offense as defined in sections
42 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65, 130.67,
43 130.70, 130.75 and 130.80 of the penal law shall establish that the
44 child was an abused child for the purpose of a determination as required
45 by subparagraph (i) or (ii) of paragraph (b) of this subdivision. Such a
46 determination by the court in accordance with article ten of the family
47 court act based upon a fair preponderance of evidence shall be admissi-
48 ble in any proceeding commenced in accordance with this section.
49 § 37. Paragraphs (a) and (b) of subdivision 4 of section 509-cc of the
50 vehicle and traffic law, paragraph (a) as amended by chapter 189 of the
51 laws of 2018 and paragraph (b) as amended by chapter 400 of the laws of
52 2011, are amended to read as follows:
53 (a) The offenses referred to in subparagraph (ii) of paragraph (a) of
54 subdivision one and paragraph (a) of subdivision two of this section
55 that result in permanent disqualification shall include a conviction
56 under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
S. 3161 18
1 125.25, 125.26, 125.27, 130.30, 130.35, [130.45, 130.50,] 130.65,
2 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25,
3 150.20, 230.30, 230.32, 230.34, 230.34-a, 235.22, 263.05, 263.10,
4 263.11, 263.15, 263.16 of the penal law or an attempt to commit any of
5 the aforesaid offenses under section 110.00 of the penal law, or any
6 offenses committed under a former section of the penal law which would
7 constitute violations of the aforesaid sections of the penal law, or any
8 offenses committed outside this state which would constitute violations
9 of the aforesaid sections of the penal law.
10 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
11 subdivision one and paragraph (b) of subdivision two of this section
12 that result in permanent disqualification shall include a conviction
13 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
14 125.11, [130.40,] 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
15 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the
16 penal law or an attempt to commit any of the aforesaid offenses under
17 section 110.00 of the penal law, or any offenses committed under a
18 former section of the penal law which would constitute violations of the
19 aforesaid sections of the penal law, or any offenses committed outside
20 this state which would constitute violations of the aforesaid sections
21 of the penal law.
22 § 38. The opening paragraph of subdivision (b) of section 117 of the
23 family court act, as amended by chapter 38 of the laws of 2022, is
24 amended to read as follows:
25 For every juvenile delinquency proceeding under article three involv-
26 ing an allegation of an act committed by a person which, if done by an
27 adult, would be a crime (i) defined in sections 125.27 (murder in the
28 first degree); 125.25 (murder in the second degree); 135.25 (kidnapping
29 in the first degree); or 150.20 (arson in the first degree) of the penal
30 law committed by a person thirteen, fourteen, fifteen, sixteen, or
31 seventeen years of age; or such conduct committed as a sexually moti-
32 vated felony, where authorized pursuant to section 130.91 of the penal
33 law; (ii) defined in sections 120.10 (assault in the first degree);
34 125.20 (manslaughter in the first degree); 130.35 (rape in the first
35 degree); [130.50 (criminal sexual act in the first degree);] 130.70
36 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
37 second degree), but only where the abduction involved the use or threat
38 of use of deadly physical force; 150.15 (arson in the second degree); or
39 160.15 (robbery in the first degree) of the penal law committed by a
40 person thirteen, fourteen, fifteen, sixteen, or seventeen years of age;
41 or such conduct committed as a sexually motivated felony, where author-
42 ized pursuant to section 130.91 of the penal law; (iii) defined in the
43 penal law as an attempt to commit murder in the first or second degree
44 or kidnapping in the first degree committed by a person thirteen, four-
45 teen, fifteen, sixteen, or seventeen years of age; or such conduct
46 committed as a sexually motivated felony, where authorized pursuant to
47 section 130.91 of the penal law; (iv) defined in section 140.30
48 (burglary in the first degree); subdivision one of section 140.25
49 (burglary in the second degree); subdivision two of section 160.10
50 (robbery in the second degree) of the penal law; or section 265.03 of
51 the penal law, where such machine gun or such firearm is possessed on
52 school grounds, as that phrase is defined in subdivision fourteen of
53 section 220.00 of the penal law committed by a person fourteen, fifteen,
54 sixteen, or seventeen years of age; or such conduct committed as a sexu-
55 ally motivated felony, where authorized pursuant to section 130.91 of
56 the penal law; (v) defined in section 120.05 (assault in the second
S. 3161 19
1 degree) or 160.10 (robbery in the second degree) of the penal law
2 committed by a person fourteen, fifteen, sixteen, or seventeen years of
3 age but only where there has been a prior finding by a court that such
4 person has previously committed an act which, if committed by an adult,
5 would be the crime of assault in the second degree, robbery in the
6 second degree or any designated felony act specified in clause (i), (ii)
7 or (iii) of this subdivision regardless of the age of such person at the
8 time of the commission of the prior act; or (vi) other than a misdemea-
9 nor, committed by a person at least twelve but less than eighteen years
10 of age, but only where there have been two prior findings by the court
11 that such person has committed a prior act which, if committed by an
12 adult, would be a felony:
13 § 39. Subdivision 4 of section 308.1 of the family court act, as
14 amended by chapter 264 of the laws of 2003, is amended to read as
15 follows:
16 4. The probation service shall not adjust a case in which the child
17 has allegedly committed a delinquent act which would be a crime defined
18 in section 120.25, (reckless endangerment in the first degree), subdivi-
19 sion one of section 125.15, (manslaughter in the second degree), [subdi-
20 vision] subdivisions one, two and three of section 130.25, (rape in the
21 third degree), [subdivision one of section 130.40, (criminal sexual act
22 in the third degree),] subdivision one or two of section 130.65, (sexual
23 abuse in the first degree), section 135.65, (coercion in the first
24 degree), section 140.20, (burglary in the third degree), section 150.10,
25 (arson in the third degree), section 160.05, (robbery in the third
26 degree), subdivision two, three or four of section 265.02, (criminal
27 possession of a weapon in the third degree), section 265.03, (criminal
28 possession of a weapon in the second degree), or section 265.04, (crimi-
29 nal possession of a dangerous weapon in the first degree) of the penal
30 law where the child has previously had one or more adjustments of a case
31 in which such child allegedly committed an act which would be a crime
32 specified in this subdivision unless it has received written approval
33 from the court and the appropriate presentment agency.
34 § 40. Subdivision (c) of section 1052 of the family court act, as
35 added by chapter 739 of the laws of 1981, is amended to read as follows:
36 (c) Prior to granting an order of disposition pursuant to subdivision
37 (a) of this section following an adjudication of child abuse, as defined
38 in paragraph (i) of subdivision (e) of section ten hundred twelve of
39 this act or a finding of a felony sex offense as defined in sections
40 130.25, 130.30, 130.35, [130.40, 130.45, 130.50,] 130.65 and 130.70 of
41 the penal law, the court shall advise the respondent that any subsequent
42 adjudication of child abuse, as defined in paragraph (i) of subdivision
43 (e) of section one thousand twelve of this act or any subsequent finding
44 of a felony sex offense as defined in those sections of the penal law
45 herein enumerated, arising out of acts of the respondent may result in
46 the commitment of the guardianship and custody of the child or another
47 child pursuant to section three hundred eighty-four-b of the social
48 services law. The order in such cases shall contain a statement that any
49 subsequent adjudication of child abuse or finding of a felony sex
50 offense as described herein may result in the commitment of the guardi-
51 anship and custody of the child, or another child pursuant to section
52 three hundred eighty-four-b of the social services law.
53 § 41. Subdivision 2 of section 64 of the civil rights law, as amended
54 by chapter 163 of the laws of 2022, is amended to read as follows:
55 2. (a) If the petition states that the petitioner stands convicted of
56 a violent felony offense as defined in section 70.02 of the penal law or
S. 3161 20
1 a felony defined in article one hundred twenty-five of such law or any
2 of the following provisions of such law sections 130.25, 130.30,
3 [130.40, 130.45,] 255.25, 255.26, 255.27, article two hundred sixty-
4 three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30
5 or 230.32, the clerk of the court in which the order has been entered
6 shall deliver, by first class mail, a copy of such certified order to
7 the division of criminal justice services at its office in the county of
8 Albany and (b) if the petition states that the petitioner is responsible
9 for spousal support or child support obligations pursuant to court
10 order, upon review of the petitioner's application for name change and
11 subsequent inquiry, the court shall order the petitioner to deliver, by
12 first class mail, the petitioner's new name with such certified order to
13 the court of competent jurisdiction which imposed the orders of support.
14 If a party to the order is receiving child support services pursuant to
15 title six-A of article three of the social services law, a copy shall be
16 mailed to the support collection unit of the applicable social services
17 district providing such services to a party. Such certification shall
18 appear on the original order and on any certified copy thereof and shall
19 be entered in the court's minutes of the proceeding.
20 § 42. Section 213-c of the civil practice law and rules, as amended by
21 chapter 315 of the laws of 2019, is amended to read as follows:
22 § 213-c. Action by victim of conduct constituting certain sexual
23 offenses. Notwithstanding any other limitation set forth in this arti-
24 cle, except as provided in subdivision (b) of section two hundred eight
25 of this article, all civil claims or causes of action brought by any
26 person for physical, psychological or other injury or condition suffered
27 by such person as a result of conduct which would constitute rape in the
28 first degree as defined in section 130.35 of the penal law, or rape in
29 the second degree as defined in subdivision two of section 130.30 of the
30 penal law, or rape in the third degree as defined in subdivision one or
31 three of section 130.25 of the penal law, [or criminal sexual act in the
32 first degree as defined in section 130.50 of the penal law, or criminal
33 sexual act in the second degree as defined in subdivision two of section
34 130.45 of the penal law, or criminal sexual act in the third degree as
35 defined in subdivision one or three of section 130.40 of the penal law,]
36 or incest in the first degree as defined in section 255.27 of the penal
37 law, or incest in the second degree as defined in section 255.26 of the
38 penal law (where the crime committed is rape in the second degree as
39 defined in subdivision two of section 130.30 of the penal law [or crimi-
40 nal sexual act in the second degree as defined in subdivision two of
41 section 130.45]), or aggravated sexual abuse in the first degree as
42 defined in section 130.70 of the penal law, or course of sexual conduct
43 against a child in the first degree as defined in section 130.75 of the
44 penal law may be brought against any party whose intentional or negli-
45 gent acts or omissions are alleged to have resulted in the commission of
46 the said conduct, within twenty years. Nothing in this section shall be
47 construed to require that a criminal charge be brought or a criminal
48 conviction be obtained as a condition of bringing a civil cause of
49 action or receiving a civil judgment pursuant to this section or be
50 construed to require that any of the rules governing a criminal proceed-
51 ing be applicable to any such civil action.
52 § 43. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
53 tice law and rules, as added by chapter 3 of the laws of 2006, is
54 amended to read as follows:
55 (b) Whenever it is shown that a criminal action against the same
56 defendant has been commenced with respect to the event or occurrence
S. 3161 21
1 from which a claim governed by this section arises, and such criminal
2 action is for rape in the first degree as defined in section 130.35 of
3 the penal law, [or criminal sexual act in the first degree as defined in
4 section 130.50 of the penal law,] or aggravated sexual abuse in the
5 first degree as defined in section 130.70 of the penal law, or course of
6 sexual conduct against a child in the first degree as defined in section
7 130.75 of the penal law, the plaintiff shall have at least five years
8 from the termination of the criminal action as defined in section 1.20
9 of the criminal procedure law in which to commence the civil action,
10 notwithstanding that the time in which to commence such action has
11 already expired or has less than a year remaining.
12 § 44. Subdivision 11 of section 123 of the agriculture and markets
13 law, as amended by chapter 392 of the laws of 2004, and such section as
14 renumbered by section 18 of part T of chapter 59 of the laws of 2010, is
15 amended to read as follows:
16 11. The owner shall not be liable pursuant to subdivision six, seven,
17 eight, nine or ten of this section if the dog was coming to the aid or
18 defense of a person during the commission or attempted commission of a
19 murder, robbery, burglary, arson, rape in the first degree as defined in
20 paragraph (a) or (b) of subdivision one [or], paragraph (a) or (b) of
21 subdivision two or paragraph (a) or (b) of subdivision three of section
22 130.35 of the penal law[, criminal sexual act in the first degree as
23 defined in subdivision one or two of section 130.50 of the penal law] or
24 kidnapping within the dwelling or upon the real property of the owner of
25 the dog and the dog injured or killed the person committing such crimi-
26 nal activity.
27 § 45. Section 4 of the judiciary law, as amended by chapter 1 of the
28 laws of 2019, is amended to read as follows:
29 § 4. Sittings of courts to be public. The sittings of every court
30 within this state shall be public, and every citizen may freely attend
31 the same, except that in all proceedings and trials in cases for
32 divorce, seduction, rape, assault with intent to commit rape, [criminal
33 sexual act,] bastardy or filiation, the court may, in its discretion,
34 exclude therefrom all persons who are not directly interested therein,
35 excepting jurors, witnesses, and officers of the court.
36 § 46. Subdivision 2 of section 120.60 of the penal law, as amended by
37 chapter 434 of the laws of 2000, is amended to read as follows:
38 2. commits a class A misdemeanor defined in article one hundred thirty
39 of this chapter, or a class E felony defined in section 130.25, [130.40]
40 or 130.85 of this chapter, or a class D felony defined in section 130.30
41 [or 130.45] of this chapter.
42 § 47. Subdivision 1 of section 210.16 of the criminal procedure law,
43 as added by chapter 571 of the laws of 2007, is amended to read as
44 follows:
45 1. (a) In a case where an indictment or a superior court information
46 has been filed with a superior court which charges the defendant with a
47 felony offense enumerated in any section of article one hundred thirty
48 of the penal law where an act of "[sexual intercourse] vaginal sexual
49 contact", "oral sexual [conduct] contact" or "anal sexual [conduct]
50 contact," as those terms are defined in section 130.00 of the penal law,
51 is required as an essential element for the commission thereof, the
52 court shall, upon a request of the victim within six months of the date
53 of the crimes charged, order that the defendant submit to human immuno-
54 deficiency virus (HIV) related testing. Testing of a defendant shall be
55 ordered when the result would provide medical benefit to the victim or a
56 psychological benefit to the victim. Medical benefit shall be found when
S. 3161 22
1 the following elements are satisfied: (i) a decision is pending about
2 beginning, continuing, or discontinuing a medical intervention for the
3 victim; and (ii) the result of an HIV test of the accused could affect
4 that decision, and could provide relevant information beyond that which
5 would be provided by an HIV test of the victim. If testing the defendant
6 would provide medical benefit to the victim or a psychological benefit
7 to the victim, then the testing is to be conducted by a state, county,
8 or local public health officer designated by the order. Test results,
9 which shall not be disclosed to the court, shall be communicated to the
10 defendant and the victim named in the order in accordance with the
11 provisions of section twenty-seven hundred eighty-five-a of the public
12 health law.
13 (b) For the purposes of this section, the terms "victim" and "appli-
14 cant" mean the person with whom the defendant is charged to have engaged
15 in an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
16 [conduct] contact" or "anal sexual [conduct] contact", as those terms
17 are defined in section 130.00 of the penal law, where such conduct with
18 such victim was the basis for charging the defendant with an offense
19 specified in paragraph (a) of this subdivision.
20 § 48. Subdivision 1 of section 390.15 of the criminal procedure law,
21 as amended by chapter 264 of the laws of 2003, is amended to read as
22 follows:
23 1. (a) In any case where the defendant is convicted of a felony
24 offense enumerated in any section of article one hundred thirty of the
25 penal law, or any subdivision of section 130.20 of such law, where an
26 act of "[sexual intercourse] vaginal sexual contact", "oral sexual
27 [conduct] contact" or "anal sexual [conduct] contact," as those terms
28 are defined in section 130.00 of the penal law, is required as an essen-
29 tial element for the commission thereof, the court must, upon a request
30 of the victim, order that the defendant submit to human immunodeficiency
31 (HIV) related testing. The testing is to be conducted by a state, coun-
32 ty, or local public health officer designated by the order. Test
33 results, which shall not be disclosed to the court, shall be communi-
34 cated to the defendant and the victim named in the order in accordance
35 with the provisions of section twenty-seven hundred eighty-five-a of the
36 public health law, but such results and disclosure need not be completed
37 prior to the imposition of sentence.
38 (b) For the purposes of this section, the terms "defendant",
39 "conviction" and "sentence" mean and include, respectively, an "eligible
40 youth," a "youthful offender finding" and a "youthful offender sentence"
41 as those terms are defined in section 720.10 of this chapter. The term
42 "victim" means the person with whom the defendant engaged in an act of
43 "[sexual intercourse] vaginal sexual contact", "oral sexual [conduct]
44 contact" or "anal sexual [conduct] contact", as those terms are defined
45 in section 130.00 of the penal law, where such conduct with such victim
46 was the basis for the defendant's conviction of an offense specified in
47 paragraph (a) of this subdivision.
48 § 49. Subdivision 1 of section 347.1 of the family court act, as
49 amended by chapter 264 of the laws of 2003, is amended to read as
50 follows:
51 1. (a) In any proceeding where the respondent is found pursuant to
52 section 345.1 or 346.1 of this article, to have committed a felony
53 offense enumerated in any section of article one hundred thirty of the
54 penal law, or any subdivision of section 130.20 of such law, for which
55 an act of "[sexual intercourse] vaginal sexual contact", "oral sexual
56 [conduct] contact" or "anal sexual [conduct] contact", as those terms
S. 3161 23
1 are defined in section 130.00 of the penal law, is required as an essen-
2 tial element for the commission thereof, the court must, upon a request
3 of the victim, order that the respondent submit to human immunodeficien-
4 cy (HIV) related testing. The testing is to be conducted by a state,
5 county, or local public health officer designated by the order. Test
6 results, which shall not be disclosed to the court, shall be communi-
7 cated to the respondent and the victim named in the order in accordance
8 with the provisions of section twenty-seven hundred eighty-five-a of the
9 public health law.
10 (b) For the purposes of this section, the term "victim" means the
11 person with whom the respondent engaged in an act of "[sexual inter-
12 course] vaginal sexual contact", "oral sexual [conduct] contact" or
13 "anal sexual [conduct] contact", as those terms are defined in section
14 130.00 of the penal law, where such conduct with such victim was the
15 basis for the court's finding that the respondent committed acts consti-
16 tuting one or more of the offenses specified in paragraph (a) of this
17 subdivision.
18 § 50. Subdivision (a) of section 130.16 of the penal law, as amended
19 by chapter 264 of the laws of 2003, is amended to read as follows:
20 (a) Establish that an attempt was made to engage the victim in [sexual
21 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
22 sexual [conduct] contact, or sexual contact, as the case may be, at the
23 time of the occurrence; and
24 § 51. Section 130.20 of the penal law, as amended by chapter 1 of the
25 laws of 2000, subdivision 2 as amended by chapter 264 of the laws of
26 2003, is amended to read as follows:
27 § 130.20 Sexual misconduct.
28 A person is guilty of sexual misconduct when:
29 1. He or she engages in [sexual intercourse] vaginal sexual contact
30 with another person without such person's consent; or
31 2. He or she engages in oral sexual [conduct or anal sexual conduct]
32 contact with another person without such person's consent; or
33 3. He or she engages in anal sexual contact with another person with-
34 out such person's consent; or
35 4. He or she engages in sexual conduct with an animal or a dead human
36 body.
37 Sexual misconduct is a class A misdemeanor.
38 § 52. Paragraphs (a) and (b) of subdivision 1 of section 130.75 of the
39 penal law, as amended by chapter 264 of the laws of 2003, are amended to
40 read as follows:
41 (a) he or she engages in two or more acts of sexual conduct, which
42 includes at least one act of [sexual intercourse] vaginal sexual
43 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
44 aggravated sexual contact, with a child less than eleven years old; or
45 (b) he or she, being eighteen years old or more, engages in two or
46 more acts of sexual conduct, which include at least one act of [sexual
47 intercourse] vaginal sexual contact, oral sexual [conduct] contact, anal
48 sexual [conduct] contact or aggravated sexual contact, with a child less
49 than thirteen years old.
50 § 53. Subdivision 1 of section 235.00 of the penal law, as amended by
51 chapter 264 of the laws of 2003, is amended to read as follows:
52 1. "Obscene." Any material or performance is "obscene" if (a) the
53 average person, applying contemporary community standards, would find
54 that considered as a whole, its predominant appeal is to the prurient
55 interest in sex, and (b) it depicts or describes in a patently offensive
56 manner, actual or simulated: [sexual intercourse] vaginal sexual
S. 3161 24
1 contact, [criminal sexual act] oral sexual contact, anal sexual contact,
2 sexual bestiality, masturbation, sadism, masochism, excretion or lewd
3 exhibition of the genitals, and (c) considered as a whole, it lacks
4 serious literary, artistic, political, and scientific value. Predominant
5 appeal shall be judged with reference to ordinary adults unless it
6 appears from the character of the material or the circumstances of its
7 dissemination to be designed for children or other [specially] especial-
8 ly susceptible audience.
9 § 54. Subdivision 2 of section 235.22 of the penal law, as amended by
10 chapter 264 of the laws of 2003, is amended to read as follows:
11 2. by means of such communication he importunes, invites or induces a
12 minor to engage in [sexual intercourse] vaginal sexual contact, oral
13 sexual [conduct] contact or anal sexual [conduct] contact, or sexual
14 contact with him, or to engage in a sexual performance, obscene sexual
15 performance, or sexual conduct for his benefit.
16 § 55. Section 255.25 of the penal law, as amended by chapter 320 of
17 the laws of 2006, is amended to read as follows:
18 § 255.25 Incest in the third degree.
19 A person is guilty of incest in the third degree when he or she
20 marries or engages in [sexual intercourse] vaginal sexual contact, oral
21 sexual [conduct] contact or anal sexual [conduct] contact with a person
22 whom he or she knows to be related to him or her, whether through
23 marriage or not, as an ancestor, descendant, brother or sister of either
24 the whole or the half blood, uncle, aunt, nephew or niece.
25 Incest in the third degree is a class E felony.
26 § 56. Subdivision 3 of section 263.00 of the penal law, as amended by
27 chapter 264 of the laws of 2003, is amended to read as follows:
28 3. "Sexual conduct" means actual or simulated [sexual intercourse]
29 vaginal sexual contact, oral sexual [conduct] contact, anal sexual
30 [conduct]contact, sexual bestiality, masturbation, sado-masochistic
31 abuse, or lewd exhibition of the genitals.
32 § 57. Subdivision 3 of section 60.42 of the criminal procedure law, as
33 amended by section 1 of part R of chapter 55 of the laws of 2019, is
34 amended to read as follows:
35 3. rebuts evidence introduced by the people of the victim's failure to
36 engage in [sexual intercourse] vaginal sexual contact, oral sexual
37 [conduct] contact, anal sexual [conduct] contact or sexual contact
38 during a given period of time; or
39 § 58. Subdivision 3 of section 344.4 of the family court act, as
40 amended by chapter 264 of the laws of 2003, is amended to read as
41 follows:
42 3. rebuts evidence introduced by the presentment agency of the
43 victim's failure to engage in [sexual intercourse] vaginal sexual
44 contact, oral sexual [conduct] contact, anal sexual [conduct] contact or
45 sexual contact during a given period of time; or
46 § 59. Subdivision 4 of section 170 of the domestic relations law, as
47 amended by chapter 264 of the laws of 2003, is amended to read as
48 follows:
49 (4) The commission of an act of adultery, provided that adultery for
50 the purposes of articles ten, eleven, and eleven-A of this chapter, is
51 hereby defined as the commission of an act of [sexual intercourse] vagi-
52 nal sexual contact, oral sexual [conduct] contact or anal sexual
53 [conduct] contact, voluntarily performed by the defendant, with a person
54 other than the plaintiff after the marriage of plaintiff and defendant.
55 Oral sexual [conduct] contact and anal sexual [conduct] contact include,
56 but are not limited to, sexual conduct as defined in subdivision two of
S. 3161 25
1 section 130.00 and subdivision [three] four of section 130.20 of the
2 penal law.
3 § 60. The first undesignated paragraph of section 135.61 of the penal
4 law, as added by section 2 of part NN of chapter 55 of the laws of 2018,
5 is amended to read as follows:
6 A person is guilty of coercion in the second degree when he or she
7 commits the crime of coercion in the third degree as defined in section
8 135.60 of this article and thereby compels or induces a person to engage
9 in [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
10 contact or anal sexual [conduct] contact as such terms are defined in
11 section [130 of the penal law] 130.00 of this title.
12 § 61. The first undesignated paragraph of section 230.11 of the penal
13 law, as added by chapter 368 of the laws of 2015, is amended to read as
14 follows:
15 A person is guilty of aggravated patronizing a minor for prostitution
16 in the third degree when, being twenty-one years old or more, he or she
17 patronizes a person for prostitution and the person patronized is less
18 than seventeen years old and the person guilty of patronizing engages in
19 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
20 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
21 contact as those terms are defined in section 130.00 of this part, with
22 the person patronized.
23 § 62. The first undesignated paragraph of section 230.12 of the penal
24 law, as added by chapter 368 of the laws of 2015, is amended to read as
25 follows:
26 A person is guilty of aggravated patronizing a minor for prostitution
27 in the second degree when, being eighteen years old or more, he or she
28 patronizes a person for prostitution and the person patronized is less
29 than fifteen years old and the person guilty of patronizing engages in
30 [sexual intercourse] vaginal sexual contact, oral sexual [conduct]
31 contact, anal sexual [conduct] contact, or aggravated sexual [conduct]
32 contact as those terms are defined in section 130.00 of this part, with
33 the person patronized.
34 § 63. The first undesignated paragraph of section 230.13 of the penal
35 law, as added by chapter 368 of the laws of 2015, is amended to read as
36 follows:
37 A person is guilty of aggravated patronizing a minor for prostitution
38 in the first degree when he or she patronizes a person for prostitution
39 and the person patronized is less than eleven years old, or being eigh-
40 teen years old or more, he or she patronizes a person for prostitution
41 and the person patronized is less than thirteen years old, and the
42 person guilty of patronizing engages in [sexual intercourse] vaginal
43 sexual contact, oral sexual [conduct] contact, anal sexual [conduct]
44 contact, or aggravated sexual [conduct] contact as those terms are
45 defined in section 130.00 of this part, with the person patronized.
46 § 64. Subdivision 4 of section 200 of the domestic relations law, as
47 amended by chapter 264 of the laws of 2003, is amended to read as
48 follows:
49 4. The commission of an act of adultery by the defendant; except where
50 such offense is committed by the procurement or with the connivance of
51 the plaintiff or where there is voluntary cohabitation of the parties
52 with the knowledge of the offense or where action was not commenced
53 within five years after the discovery by the plaintiff of the offense
54 charged or where the plaintiff has also been guilty of adultery under
55 such circumstances that the defendant would have been entitled, if inno-
56 cent, to a divorce, provided that adultery for the purposes of this
S. 3161 26
1 subdivision is hereby defined as the commission of an act of [sexual
2 intercourse] vaginal sexual contact, oral sexual [conduct] contact or
3 anal sexual [conduct] contact, voluntarily performed by the defendant,
4 with a person other than the plaintiff after the marriage of plaintiff
5 and defendant. Oral sexual [conduct] contact and anal sexual [conduct]
6 contact include, but are not limited to, sexual conduct as defined in
7 subdivision two of section 130.00 and subdivision [three] four of
8 section 130.20 of the penal law.
9 § 65. As it pertains to the repealed sections of law, nothing in this
10 act shall affect a requirement to register pursuant to article 6-C of
11 the correction law; a lawfully required disclosure of a conviction; any
12 restriction or prohibition for certain types of employment, housing, or
13 government benefit; or any other ongoing matter related to a conviction
14 of the sections repealed in this act.
15 § 66. This act shall take effect January 1, 2024 and shall apply to
16 any offense on or after such effective date.
