What's happening
This bill makes aggravated rape and certain sexual offenses against children or mentally disabled persons punishable by life imprisonment without parole.
Why it matters
Expands life without parole to severe sexual offenses. By mandating life imprisonment without parole for aggravated rape, aggravated criminal sexual act, and certain offenses against children or mentally disabled persons, the bill treats these crimes with the same severity as the most serious homicides and terrorism offenses, signaling a significant shift in penal priorities.
Creates new “aggravated” sexual offenses. Introduces new crimes of “aggravated rape” and “aggravated criminal sexual act” with specific criteria, such as an adult engaging in sexual acts with minors under 15, or any person committing such acts against someone incapable of consent due to mental disability. These new categories target especially egregious conduct.
Eliminates parole eligibility for offenders. By specifying that offenders convicted under these new or reclassified offenses are not eligible for parole or conditional release, the bill removes judicial and parole board discretion for these cases, ensuring offenders serve their full sentences.
Reclassifies existing offenses and raises penalties. Moves certain offenses (e.g., course of sexual conduct against a child in the first degree) from lower felony classes to class A-I felonies, thereby increasing the minimum and maximum possible punishments and potentially deterring such crimes through harsher sentencing.
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Life Without Parole for Sex Crimes
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1787
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. LANZA -- 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 making certain sex offenses committed against a child or a mentally disabled person class A-I felonies for which a sentence of life imprisonment without parole shall be imposed; and to repeal certain provisions of such law relating to sex offenses committed against children or the mentally disabled
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: § 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; certain murder in the second
degree offenders; certain sex offenders; certain terrorism
offenders; criminal possession of a chemical weapon or biolog-
ical weapon offenders; criminal use of a chemical weapon or
biological weapon offenders.
When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06642-02-9
S. 1787 2
is convicted of aggravated rape as defined in section 130.36 of this chapter, aggravated criminal sexual act as defined in section 130.51 of this chapter or course of sexual conduct against a child in the first degree as defined in section 130.75 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdivision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title.
§ 2. Subdivision 5 of section 70.00 of the penal law, as amended by section 40-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant who was eighteen years of age or older at the time of the commission of the crime must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A defendant who was seventeen years of age or younger at the time of the commission of the crime may be sentenced, in accordance with law, to the applicable indeterminate sentence with a maximum term of life imprisonment. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter. A defendant may be sentenced to life imprisonment without parole upon conviction
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for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter. A defendant must be sentenced to life imprisonment without parole upon conviction of the crime of aggravated rape as defined in section 130.36 of this chapter, aggravated criminal sexual act as defined in section 130.51 of this chapter, or course of sexual conduct against a child in the first degree as defined in section 130.75 of this chapter.
§ 3. Section 130.30 of the penal law is REPEALED.
§ 4. Section 130.35 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: § 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages in sexual intercourse 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].
Rape in the first degree is a class B felony.
§ 5. The penal law is amended by adding a new section 130.36 to read as follows: § 130.36 Aggravated rape.
A person is guilty of aggravated rape when:
1. being eighteen years or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; or
3. he or she engages in sexual intercourse with another person who is less than thirteen years old.
It shall be an affirmative defense to the offense of aggravated rape as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the offense.
Aggravated rape is a class A-I felony.
§ 6. Section 130.45 of the penal law is REPEALED.
§ 7. 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].
Criminal sexual act in the first degree is a class B felony.
§ 8. The penal law is amended by adding a new section 130.51 to read as follows: § 130.51 Aggravated criminal sexual act.
A person is guilty of aggravated criminal sexual act when:
1. being eighteen years or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or
S. 1787 4
2. he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; or
3. he or she engages in oral sexual conduct or anal sexual conduct with another person who is less than thirteen years old.
It shall be an affirmative defense to the offense of aggravated criminal sexual act as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the offense.
Aggravated criminal sexual act is a class A-I felony.
§ 9. The closing paragraph of section 130.75 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
Course of sexual conduct against a child in the first degree is a class [B] A-I felony.
§ 10. Section 130.96 of the penal law is REPEALED.
§ 11. This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such effective date.
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 making certain sex offenses committed against a child or a mentally disabled person class A-I felonies for which a sentence of life imprisonment without parole shall be imposed; and to repeal certain provisions of such law relating to sex offenses committed against children or the mentally disabled
Purpose
Provides for sentence of life without parole for defendants convicted of certain sex offenses against a child or mentally disabled person.
Summary of provisions
Section one amends section 60.06 of the penal law, as amended by chapter 482 of the laws of 2009.
Section two amends subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009.
Section three amends subdivision 5 of section 70.00 of the penal law, as amended by section 40-a of part WWW of chapter 59 of the laws of 2017.
Section four repeals section 130.30 of the penal law.
Section five amends section 130.35 of the penal law, as amended by chap- ter 1 of the laws of 2000.
Section six amends the penal law to add a new section 130.36. Section seven repeals section 130.45 of the penal law.
Section eight amends section 130.50 of the penal law, as amended by chapter 264 of the laws of 2003.
Section nine amends the penal law by adding a new section 130.51.
Section ten amends the closing paragraph of section 130.75 of the penal law, as amended by chapter 1 of the laws of 2000.
Section eleven repeals section 130.96 of the penal law. Section ten is the effective date.
Justification
This bill provides for the sentence of life without parole for defend- ants convicted of certain sex offenses against a child or mentally disa- bled person. Sex crimes against children and the mentally disabled are intolerable acts that society should not put up with. This measure would require those convicted of such crimes the inability to receive parole.
This bill would keep these harm our children and thecriminals out of our neighborhoods so they cannot mentally disabled again.
Legislative history
2018:S.6152-A- Referred to Codes/A.8442-A - Referred to Codes
2017:S.6152- Referred to Codes/A.8442- Referred to Codes
2016:S.4516- Referred to Codes
2015:S.4516 - Referred to Codes
2014:S.2300- Referred to Codes/A.4976- ReferredtoCodes
2013:S.2300- Referred to Codes/A.4976- ReferredtoCodes
2012:S.4118 - Referred to Codes/A.6678- ReferredtoCodes
2011:S.4118- Referred to Codes/A.6678- ReferredtoCodes
Fiscal implications
None.
Effective date
This act shall take effect on the first November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.