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History
- Referred to codes
- Referred to codes
Companion bill
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Changes the designation of incest from a class E to a class B felony
In Assembly Committee · Codes · Sponsor William Colton
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to making incest a class B felony
Purpose or general idea of bill
To change the designation of incest from a class E felony to a class B felony
Summary of specific provisions
Amends the second undesignated paragraph of §255.26 of the penal law to designate the crime of incest as a class B felony
Justification
The current law, § 255.26 Incest in the second degree; defines those guilty of incest through the rape of an individual that they know is related to them as a class D felony. A class D Felony sex offense carries a minimum of two years, not to exceed seven years. A class B Felony sex offense carries a minimum term of five years, not to exceed twenty five years.
Incest is an abhorrent act which subverts the loving, trusting, family member or guardian/child relationship, leads to extreme psychological damage and could result in an unwanted pregnancy by the family member. Incest diminishes a child's ability to trust others, undermines self-esteem, could lead to a greater chance of depression, and many times leads the abused to becoming abusers themselves.
A non-related adult who rapes a child under the age of eleven commits the crime of-rape in the first degree which is a class B felony punishable by at least 5 years and not to exceed 25 years of imprisonment Penal law . 130.35 defines rape in the first degree as sexual intercourse with another person who is less than eleven years old.
The intent of this amendment to the penal law §255.26 would alter the crime from incest to rape by imposing the sentence of rape in the first degree which is at least 5 years and not to exceed 25 years of imprisonment. Moreover, this change in designation eliminates the defendant's possible ability to plead to a lower offense.
Prior legislative history
2008 - A.3291/Codes 2007 - A.3291/Codes
Fiscal implications
To be determined
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.