What's happening
This bill expands first degree criminal sexual act laws to include sexual acts with certain relatives under age seventeen by someone eighteen or older.
Why it matters
Broadens protections for minors aged 13–16 against sexual acts by adult relatives. , addressing a previous gap in the law where only children under 13 were covered in similar familial situations.
Targets acts committed by those 18 or older who are related to the victim. , including through marriage or as an ancestor, descendant, sibling (whole or half), uncle, aunt, nephew, or niece—expanding the scope of relationships covered.
Recognizes the unique vulnerability and power imbalances in familial relationships. , treating sexual acts in these contexts as especially serious and classifying them as first-degree offenses (class B felony).
Signals a legislative commitment to more robustly prevent and punish sexual abuse within families. , potentially leading to greater deterrence and more comprehensive protection for at-risk youth.
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Who cares
Headline styles
Expand Incest-Related Sex Crime
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
646
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, DILAN, SIMANOWITZ, PAULIN, SKOUFIS, LIFTON, JAFFEE, COLTON, WOERNER, CROUCH, SALADINO, RAIA, FINCH, PALUM- BO -- Multi-Sponsored by -- M. of A. ABBATE, PALMESANO, SIMON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal sexual act in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003, is amended to read as follows: § 130.50 Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years old or more; or
5. Who is less than seventeen years old and the actor is eighteen years old or more and whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.
Criminal sexual act in the first degree is a class B felony.
§ 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.
LBD03658-01-7
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.