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History
- Referred to crime victims, crime and correction
- Committee discharged and committed to crime victims, crime and correction
- Notice of committee consideration - requested
- Referred to codes
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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
BILL NUMBER:S332
Title of bill
REVISED 12/30/11 An act to amend the penal law, in relation to making incest a class B felony
Purpose or general idea of bill
Changes the designation of incest to a class B felony from a class D and E felonies, respectively.
Summary of specific provisions
Section 1. Amends the second undesignated paragraph of section 255.25 of the Penal Law. Designates the crime of incest in the third degree as a class B felony
Section 2. Amends the second undesignated paragraph of section 255.26 of the Penal Law. Designates the crime of incest in the second degree as a class B felony.
Section 3. Effective Date
Existing law
Penal Law, Sections 255.25, incest in the third degree and 255.26, incest in the second degree designate such crimes as class E and D felonies, respectively.
Justification
Penal Law, Sections 255.25, incest in the third degree and 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 class E and D felonies, respectively. A class E Felony sex offense carries a sentence not to exceed four years and a class D Felony sex offense carries sentence 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 Section 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
2011: S.332 - Discharged from Codes, Committed to Crime Victims, Crime and Correction/A.709 - Reported to Codes 2009-10: S.2567 - Referred to Codes/A.1324 - Referred to Codes 2007-08: A.3291 - Referred to Codes 2006: S.6228 - Referred to Codes/A.9189 - Referred to 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.