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S1857Senate2017-2018 SessionSame asA7994

Increase Penalties for Child Rape

Official title

“Increases the penalties for the rape or sexual assault of a child five years of age or less”

Sponsor Rich FunkeSD-55+2 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases penalties for rape or sexual assault of a child, especially for offenses against children five years old or younger.

Why it matters

  1. Significantly harsher sentences for repeat offenders. The bill escalates mandatory minimum sentences for individuals convicted more than once of sexual assault against children, especially when the victim is five years old or younger. This increases the likelihood that repeat offenders will spend longer periods in prison.

  2. Creates a new legal definition for "sexual assault against a child five years of age or less". By specifying this category, the law acknowledges the particular vulnerability of very young children and allows for differentiated, more severe penalties compared to offenses against older children.

  3. Expands the "lookback" period for prior convictions. The bill extends the time frame for considering previous felony convictions from ten years to fifteen years, making it easier to apply harsher sentencing to those with older prior offenses.

  4. Establishes life sentences as an option for certain repeat offenses. If someone is twice convicted of sexually assaulting a child five or younger, the court must impose an indeterminate sentence that could keep them in prison for life, reflecting a legislative intent to permanently remove the highest-risk offenders from society.

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Who cares

Headline styles

Increase Penalties for Child Rape

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

Chair, Cultural Affairs, Tourism, Parks And Recreation

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7994Assembly

Increase Child Assault Penalties

In Assembly Committee · Codes · Sponsor Fred Thiele

Impact 6 · Moderate0% to pass

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1857

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sens. FUNKE, GOLDEN, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to increasing the penalties for the rape or sexual assault of a child

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (a) of subdivision 3 of section 70.02 of the penal law, as amended by chapter 765 of the laws of 2005, is amended to read as follows:

(a) For a class B felony, the term must be at least five years and must not exceed twenty-five years, provided, however, that the term must be: (i) at least ten years and must not exceed thirty years where the sentence is for the crime of aggravated assault upon a police officer or peace officer as defined in section 120.11 of this chapter; [and] (ii) at least ten years and must not exceed thirty years where the sentence is for the crime of aggravated manslaughter in the first degree as defined in section 125.22 of this chapter; and (iii) at least twelve and one-half years and must not exceed twenty-five years where the sentence is for the crime of rape in the first degree as defined in section 130.35 of this chapter where the victim was a child five years of age or less;

§ 2. Subdivisions 1, 3 and 4 of section 70.07 of the penal law, subdivisions 1 and 3 as amended by chapter 264 of the laws of 2003, subdivision 4 as added by chapter 1 of the laws of 2000 and paragraphs (a) and (b) of subdivision 4 as amended by chapter 107 of the laws of 2006, are amended and a new subdivision 2-a is added to read as follows:

1. A person who stands convicted of a felony offense for a sexual assault against a child or for a sexual assault against a child five years of age or less, having been subjected to a predicate felony conviction for a sexual assault against a child or for a sexual assault

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04156-01-7

S. 1857 2

against a child five years of age or less, must be sentenced in accordance with the provisions of subdivision four or five of this section.

2-a. A "sexual assault against a child five years of age or less" means a felony offense, other than persistent sexual abuse as defined in section 130.53 of this chapter, (a) the essential elements of which include the commission or attempted commission of sexual conduct, as defined in subdivision ten of section 130.00 of this chapter, (b) committed or attempted to be committed against a child five years of age or less.

3. For purposes of determining whether a person has been subjected to a predicate felony conviction under this section, the criteria set forth in paragraph (b) of subdivision one of section 70.06 shall apply provided however that for purposes of this subdivision, the terms "ten year" or "ten years", as provided in subparagraphs (iv) and (v) of paragraph (b) of subdivision one of such section 70.06, shall be "fifteen year" or "fifteen years". The provisions of section 400.19 of the criminal procedure law shall govern the procedures that must be followed to determine whether a person who stands convicted of a sexual assault against a child or a sexual assault against a child five years of age or less has been previously subjected to a predicate felony conviction for such a sexual assault and whether such offender was eighteen years of age or older at the time of the commission of the predicate felony.

4. Where the court has found pursuant to subdivision three of this section that a person who stands convicted of a felony offense defined in article one hundred thirty of this chapter for the commission or attempted commission of a sexual assault against a child has been subjected to a predicate felony conviction for a sexual assault against a child, the court shall sentence the defendant as follows:

(a) where the defendant stands convicted of such sexual assault against a child and such conviction is for a class A-II or class B felony offense, and the predicate conviction for such sexual assault against a child is for a class A-II, class B or class C felony offense, the court shall impose an indeterminate sentence of imprisonment, the maximum term of which shall be life and the minimum period of which shall be at least fifteen years and no more than twenty-five years;

(a-1) where the defendant stands convicted of such sexual assault against a child five years of age or less, and the predicate conviction for such sexual assault against a child five years of age or less is a class B or class C felony offense, the court shall impose an indeterminate sentence of imprisonment, the maximum of which shall be life and the minimum of which shall be at least thirty years;

(b) where the defendant stands convicted of such sexual assault against a child and the conviction is for a class C felony offense, and the predicate conviction for such sexual assault against a child is for a class A-II, class B or class C felony offense, the court shall impose a determinate sentence of imprisonment, the term of which must be at least twelve years and must not exceed thirty years; provided however, that if the court determines that a longer sentence is warranted, the court shall set forth on the record the reasons for such determination and, in lieu of imposing such sentence of imprisonment, may impose an indeterminate sentence of imprisonment, the maximum term of which shall be life and the minimum period of which shall be at least fifteen years and no more than twenty-five years;

(c) where the defendant stands convicted of such sexual assault against a child and the conviction is for a class B felony offense, and the predicate conviction for such sexual assault against a child is for

S. 1857 3

a class D or class E felony offense, the court shall impose a determinate sentence of imprisonment, the term of which must be at least twelve years and must not exceed thirty years;

(d) where the defendant stands convicted of such sexual assault against a child and the conviction is for a class C felony offense, and the predicate conviction for such sexual assault against a child is for a class D or class E felony offense, the court shall impose a determinate sentence of imprisonment, the term of which must be at least ten years and must not exceed twenty-five years;

(e) where the defendant stands convicted of such sexual assault against a child and the conviction is for a class D felony offense, and the predicate conviction for such sexual assault against a child is for a felony offense, the court shall impose a determinate sentence of imprisonment, the term of which must be at least five years and must not exceed fifteen years; and

(f) where the defendant stands convicted of such sexual assault against a child and the conviction is for a class E felony offense, and the predicate conviction for such sexual assault against a child is for a felony offense, the court shall impose a determinate sentence of imprisonment, the term of which must be at least four years and must not exceed twelve years.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to increasing the penalties for the rape or sexual assault of a child

Purpose

This bill amends the laws relating to the rape of a child in order to increase the jail time the offender receives.

Summary of provisions

Section 1 amends subdivision 3 of section 70.02 of the penal law, as amended by chapter 765 of the laws of 2005. This section is amended to create mandatory jail time, in the form of a sentence of twelve and one-half to twenty-five years, for all offenders who are convicted of raping children five years old or younger.

Section 2 amends several sections of the penal law. These sections are amended to create mandatory jail time for all offenders who are convicted of sexual assault against children five years old and younger.

Section 2 also provides that the crime of sexual assault against a child five years of age or less will stand and serve as a predicate felony offense in subsequent sentencing procedures against a defendant. This section also provides that in subsequent convictions relating to sexual assault against a child five years or age or less, where the convicted party has a qualifying predicate felony offense of sexual assault against a child of a Class B of Class C felony offense, the court shall impose an indeterminate sentence of imprisonment of thirty years to life.

Existing law

Various, including sections 70.02, 70.07, 130.00, 130.53, 400.19 of the penal law.

Justification

The bill makes necessary changes in the Penal Code relating to the rape of children. As of now, jail time for committed rapists is not strong enough to deter future crimes of rape. The penalties attendant to the rape of children under 5 years of age and younger must be increased.

Something must be done in order to protect our youth from predators who wish them harm. Increasing the punishment offenders receive for raping children will help to deter future rapes and allow our children to grow up with a sense of peace and safety.

Legislative history

S.2710 of 2015-2016; Referred to Codes S.2875 of 2013-2014; Referred to Codes S.3923 of 2011-2012; Referred to Codes S.5052 of 2009-2010; Referred to Codes S.2438 of 2007-2008; Passed Senate

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.