Establishes crime of aggravated rape

BILL NUMBER:S2309

Title of bill

An act to amend the penal law, in relation to aggravated rape

Purpose/summary of provisions

To establish a new category of rape, "aggravated rape", which may be charged when a person engages in sexual intercourse with another by forcible compulsion and factors are present which increase the severity of the offense.

This bill adds a new section 130.36 to the penal law which creates the crime of aggravated rape, a class A felony. A person would commit aggravated rape when he or she engages in forcible sexual intercourse or deviate sexual intercourse with another person and such intercourse results:

in physical injury

OR is committed in conjunction with one or more individuals:

OR is committed during the commission of certain offenses: defined in articles 120 (Assault except for "menacing", and assault in the 3rd degree) i 125 (homicide, abortion and related offenses except for "self-abortion"); 135 (kidnapping, coercion and related offenses); 160 (robbery). Currently, the crime of rape is defined in the Penal Law as a class B felony. This bill creates a crime of aggravated rape which would be a class A felony, the highest category of felony in New York.

Justification

The highest sexual crime is rape which is a class "B" felony. The bill raises to a class "A" felony certain rapes which are accompanied by serious physical injury, "gang rapes" and rapes done in conjunction with other crimes (robberies, attempted murder, assaults, etc.)

Fiscal implications

None.

Effective date

First of November next succeeding the year in which it shall have become a law.