What's happening
This bill makes the murder of a child under twelve a qualifying factor for first degree murder charges in New York.
Why it matters
Expands the definition of first degree murder. in New York to include any case where the victim is a child under twelve, meaning prosecutors would no longer need to prove additional aggravating circumstances besides the victim's age for the most serious murder charge.
Could result in harsher penalties. for those convicted of killing young children, as first degree murder carries the most severe sentencing options (including life without parole in New York), potentially acting as a stronger deterrent or reflecting the gravity society places on these offenses.
May influence prosecutorial discretion and plea bargaining. , as this change gives prosecutors a clearer path to pursue first degree murder charges in cases involving very young victims, possibly reducing ambiguity and increasing consistency in how such cases are charged.
Signals a legislative response to public concern. over crimes against children, highlighting the state’s intent to treat the murder of young children with the utmost seriousness and to prioritize their protection under the law.
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Who cares
Headline styles
Murdering Young Children Upgraded
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6434
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
Introduced by M. of A. B. MILLER, CROUCH, GRAF, HAWLEY, McDONOUGH, KOLB, FINCH -- Multi-Sponsored by -- M. of A. McLAUGHLIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to first degree murder of a child under the age of twelve
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraphs (x) and (xiii) of paragraph (a) of subdivision 1 of section 125.27 of the penal law, subparagraph (x) as added by chapter 1 of the laws of 1995 and subparagraph (xiii) as added by chapter 300 of the laws of 2001, are amended and a new subparagraph (xiv) is added to read as follows:
(x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain; "depraved" means the defendant [relished the infliction of] inflicted extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain; or
(xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; [and] or
(xiv) the victim was a child under the age of twelve; and
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09425-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.