Establishes the crimes of aggravated rape, aggravated criminal sexual act and aggravated sexual abuse

5 Co-sponsors

• John J. Bonacic
• William J. Larkin Jr.
• George D. Maziarz
• Thomas F. O'Mara
• Michael H. Ranzenhofer

BILL NUMBER:S2240A

Title of bill

An act to amend the penal law, in relation to aggravated sexual offenses; and to amend the criminal procedure law, in relation to youthful offender status

Purpose

To provide a higher felony classification for certain forcible sex crimes when such crimes are further aggravated by the presence or use of a deadly weapon or dangerous instrument or by the infliction of physical injury.

Summary of provisions

The Penal Law is amended by adding three new sections, 130.36, 130.51 and 130.71, which establish the crimes of aggravated rape, aggravated criminal sexual act and aggravated sexual abuse in the first degree. The Penal Law and Criminal Procedure Law are amended to reflect a higher felony classification for certain forcible sex crimes.

Justification

"Forcible compulsion" describes a type of criminal conduct by which a person who engages in sexual activity with another person is guilty of the Class B felonies of first degree rape, first degree sodomy and aggravated sexual abuse. The current definition of forcible compulsion is the result of a number of amendments within the last decade which have eliminated the requirement that the victim of a sexual attack must offer "earnest resistance" or else lose all chance to successfully prosecute the attacker. Submission to a sexual attack to preserve one's life or safety is no longer considered as consent to a sex crime. However, an unintentional consequence of this desired reform is that "forcible compulsion" now encompasses a very broad range of criminal behavior. The concept of forcible compulsion, for example, has been extended to include an implied threat which places the victim in fear that a third person will be kidnapped. Furthermore, even if forcible compulsion is accomplished in a minimal manner, current law does not differentiate between such conduct and that which is accompanied by a serious aggravating factor such as the use of a deadly weapon.

This bill does not seek to undo the progress made in the forcible compulsion area. But it is clear that an attacker who possesses or uses a deadly weapon or who inflicts physical injury either to compel submission or as concomitant to the crime presents a higher disregard for, and danger to, human life than that presented in the case of an implied weaponless threat. The law should not continue to give equal weight to vastly divergent criminal activities. Thus it is appropriate that these forcible sex crimes, when further aggravated by the use of weapons, or by the infliction of physical injury, reflect that increased seriousness by being classified at the A-II felony level.

Legislative history

2011,2012: S.753 Referred to Codes 2009,2010: S.3412 Referred to Codes 2007,2008: S.388 Referred to Codes 2006: S.6400 Referred to Codes 2003,2004: S.3316 Referred to Codes 2001,2002: S.3007 Referred to Codes 1999,2000: S.3336/A.732 Referred to Codes

Fiscal implications

None.

Effective date

The first day of November next succeeding the date of enactment into law.