Defines the crime of incest to exclude child sexual abuse

BILL NUMBER:S2275

Title of bill

An act to amend the penal law, in relation to excluding child sexual abuse from the definition of the crime of incest

Purpose

This bill defines the crime of incest to exclude child sexual abuse.

Summary of provisions

Section 1 of this bill amends the first undesignated paragraph of section 255.25 of the penal law. Current law provides that a person is guilty of incest when "a person" engages in sexual intercourse with someone whom is closely related to them. This section deletes "a person" and replaces it with "an adult."

Section 2 enacts this bill on the first of November next succeeding the date on which it shall become law.

Justification

Currently, sex with a child under eleven is a Class B felony, punishable by up to twenty-five years in prison. However, if the sexually abused child is closely related to the perpetrator, the prosecutor has an option of charging that adult with a lesser charge of incest. Incest is a Class E felony which carries a maximum of four years in prison and a minimum of probation. In other words this loophole may allow adults to engage in sexual relations with children without fear of incarceration. It is defined as an "offense affecting the marital relationship" and not as a sex offense.

By changing the word "person" to "adult," this bill would close the "incest loophole" because the the word "person" implies any individual, including children. "Adult" excludes sexual relations with children from the definition of incest altogether. Thus a perpetrator could only be prosecuted using New York's child sex offense laws. This bill ensures that all children who are victims of rape by their own parent or close relative would have equal access to protection under New York State law.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall become law.