Provides that the intentional murder of a child under the age of twelve shall be a first degree murder offense

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S1269

Title of bill

An act to amend the penal law, in relation to first degree murder of a child under the age of twelve

Purpose

To provide a more appropriate punishment for those persons who act with the intent to take a life and the victim is under the age of 12.

Summary of provisions

Section 1 of this bill amends Penal Law section 125.27(1)(a) by adding a new subparagraph (xiv) that adds children under the age of 12 to the list of victims for which the offense of first degree murder may be charged when the appropriate mens rea and age requirements are present.

Section 2 of this bill provides that this law shall take effect on the first of November succeeding the date on which it shall have become a law.

Existing law

Under current law, the murder of a child is not first degree murder unless it is accompanied by one or more of the aggravating factors listed in Penal Law Section 125.27(1)(a).

Justification

In recognition of their special status in society, current law treats the intentional killing of members of certain groups, such as police officer and fire fighters while they were performing their official duties, as first degree murder. As a result, those who consider murdering a member of one of these groups understand that they will receive the most severe punishment. One other group belongs on this list - children. Numerous instances in the recent past have demonstrated the need for this reform.

On November 23rd, 2013, Conrado Juarez was indicted in the decades-old murder of "Baby Hope," who has now been identified as Anjelica Castillo. Juarez confessed to sexually abusing the child and killing her by smothering her with a pillow. He wrapped her body in plastic, placed her remains in a cooler and left the cooler near the Henry Hudson Parkway in Manhattan. At the time of her death, Anjelica Castillo was four years old.

In 2012, Ali-Mohamed Mohamud was convicted of second-degree murder for beating to death his 10-year-old stepson, Abdifatah Mohamud. Ali-Mohamed Mohamud tied his stepson to a chair, placed a sock in his mouth, secured the sock with duct tape, bound his hands with an electrical cord and then struck the child with a rolling pin 70 times. As a result of this beating, Abdifatah Mohamud's head was separated from his spinal cord and his brain was exposed through the crushed back of his head.

Had the law reflected the changes made by this bill, both Mr. Juarez and Mr. Mohamud would have been subject to charges of first degree murder, rather than second degree. Cases such as these cry out for the need for increased penalties for those who murder children. This bill answers those cries.

Legislative history

2014: S.2238-A - Referred to Codes 2013: S.2238 - Referred to Codes 2012: S.1990 - Referred to Codes 2011: S.1990 - Referred to Codes 2010: S.6695 - Referred to Codes

Fiscal implications

None to the State

Effective date

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