STATE OF NEW YORK ________________________________________________________________________ 6214 2025-2026 Regular Sessions IN ASSEMBLY February 27, 2025 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to establishing certain sex offenses and criminal sentencing for defend- ants convicted of certain sex offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Kimberly's law". 3 § 2. The penal law is amended by adding a new section 130.36 to read 4 as follows: 5 § 130.36 Aggravated rape. 6 A person is guilty of aggravated rape when such person engages in 7 sexual intercourse with another person: 8 1. With intent to cause serious physical injury; and 9 2. Such person is armed with a deadly weapon or dangerous instrument, 10 or any object used in a manner to lead the victim to reasonably believe 11 such object to be a deadly weapon or dangerous instrument; and 12 (a) By forcible compulsion; or 13 (b) Such victim is incapable of consent by reason of being physically 14 helpless; or 15 (c) Such victim is less than eleven years old; or 16 (d) Such victim is less than thirteen years old and the actor is eigh- 17 teen years old or more. 18 Aggravated rape is a class A felony. 19 § 3. Section 70.80 of the penal law is amended by adding a new subdi- 20 vision 10 to read as follows: 21 10. Sentence of imprisonment for an offender of certain felony sex 22 offenses. An offender convicted of rape in the first degree pursuant to 23 section 130.35 of this chapter or an offender convicted of aggravated 24 rape pursuant to section 130.36 of this chapter shall not be released EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09922-02-5

A. 6214 2 1 pursuant to section 70.40 of this article until such minimum sentence 2 shall have been served. 3 § 4. Subparagraph (i) of paragraph (a) of subdivision 3 of section 4 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 5 is amended to read as follows: 6 (i) For a class A-I felony, such minimum period shall not be less than 7 fifteen years nor more than twenty-five years; provided, however, that 8 (A) where a sentence, other than a sentence of death or life imprison- 9 ment without parole, is imposed upon a defendant convicted of murder in 10 the first degree as defined in section 125.27 of this chapter such mini- 11 mum period shall be not less than twenty years nor more than twenty-five 12 years, and, (B) where a sentence is imposed upon a defendant convicted 13 of murder in the second degree as defined in subdivision five of section 14 125.25 of this chapter or convicted of aggravated murder as defined in 15 section 125.26 of this chapter, the sentence shall be life imprisonment 16 without parole, and, (C) where a sentence is imposed upon a defendant 17 convicted of attempted murder in the first degree as defined in article 18 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 19 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 20 section 125.27 of this chapter or attempted aggravated murder as defined 21 in article one hundred ten of this chapter and section 125.26 of this 22 chapter such minimum period shall be not less than twenty years nor more 23 than forty years, and, (D) where a sentence is imposed upon a defendant 24 convicted of rape of a child as defined in section 130.37, criminal 25 sexual act against a child as defined in section 130.51, aggravated 26 sexual abuse of a child as defined in section 130.71 or aggravated 27 course of sexual conduct against a child as defined in section 130.81 of 28 this chapter such minimum period shall be twenty years. 29 § 5. Subdivision 5 of section 125.25 of the penal law, as amended by 30 chapter 23 of the laws of 2024, is amended to read as follows: 31 5. Being eighteen years old or more, while in the course of committing 32 rape in the first, second or third degree, a crime formerly defined in 33 section 130.50, 130.45 or 130.40 of this title, the crime of sexual 34 abuse in the first degree, rape of a child, criminal sexual act against 35 a child, aggravated sexual abuse of a child, aggravated course of sexual 36 conduct against a child, aggravated sexual abuse in the first, second, 37 third or fourth degree, or incest in the first, second or third degree, 38 against a person less than fourteen years old, [~~he or she~~] they inten- 39 tionally [~~causes~~] cause the death of such person. 40 § 6. Section 130.35 of the penal law, as amended by chapter 777 of the 41 laws of 2023, is amended to read as follows: 42 § 130.35 Rape in the first degree. 43 A person is guilty of rape in the first degree when: 44 1. [~~he or she~~] such person engages in vaginal sexual contact with 45 another person: 46 (a) By forcible compulsion; or 47 (b) Who is incapable of consent by reason of being physically help- 48 less; or 49 (c) [~~Who is less than eleven years old; or~~ 50 ~~(d)~~] Who is less than thirteen years old and the actor is eighteen 51 years old or more; 52 2. [~~he or she~~] such person engages in oral sexual contact with another 53 person: 54 (a) By forcible compulsion; or 55 (b) Who is incapable of consent by reason of being physically help- 56 less; or

A. 6214 3 1 (c) [~~Who is less than eleven years old; or~~ 2 ~~(d)~~] Who is less than thirteen years old and the actor is eighteen 3 years old or more; or 4 3. [~~he or she~~] such person engages in anal sexual contact with another 5 person: 6 (a) By forcible compulsion; or 7 (b) Who is incapable of consent by reason of being physically help- 8 less; or 9 (c) [~~Who is less than eleven years old; or~~ 10 ~~(d)~~] Who is less than thirteen years old and the actor is eighteen 11 years old or more. 12 Rape in the first degree is a class B felony. 13 § 7. The penal law is amended by adding a new section 130.37 to read 14 as follows: 15 § 130.37 Rape of a child. 16 A person is guilty of rape of a child when: 17 1. such person engages in sexual intercourse with another person who 18 is less than twelve years old; or 19 2. being twenty-one years old or more, such person engages in sexual 20 intercourse with another person less than fourteen years old. 21 Rape of a child is a class A-I felony. 22 § 8. The penal law is amended by adding a new section 130.51 to read 23 as follows: 24 § 130.51 Criminal sexual act against a child. 25 A person is guilty of criminal sexual act against a child when: 26 1. such person engages in oral sexual conduct or anal sexual conduct 27 with another person who is less than twelve years old; or 28 2. being twenty-one years old or more, such person engages in oral 29 sexual conduct or anal sexual conduct with another person who is less 30 than fourteen years old. 31 Criminal sexual act against a child is a class A-I felony. 32 § 9. Subdivision 1 of section 130.70 of the penal law, as amended by 33 chapter 450 of the laws of 1988, the opening paragraph as amended by 34 chapter 485 of the laws of 2009, is amended to read as follows: 35 1. A person is guilty of aggravated sexual abuse in the first degree 36 when [~~he or she~~] such person inserts a foreign object in the vagina, 37 urethra, penis, rectum or anus of another person causing physical injury 38 to such other person: 39 (a) By forcible compulsion; or 40 (b) When the other person is incapable of consent by reason of being 41 physically helpless[~~; or~~ 42 ~~(c) When the other person is less than eleven years old~~]. 43 § 10. The penal law is amended by adding a new section 130.71 to read 44 as follows: 45 § 130.71 Aggravated sexual abuse of a child. 46 1. A person is guilty of aggravated sexual abuse of a child when: 47 (a) such person inserts a foreign object in the vagina, urethra, 48 penis, rectum or anus of another person causing physical injury to such 49 other person when such other person is less than twelve years old; or 50 (b) being twenty-one years old or more, such person inserts a foreign 51 object in the vagina, urethra, penis, rectum or anus of another person 52 causing physical injury to such other person when such other person is 53 less than fourteen years old. 54 2. Conduct performed for a valid medical purpose does not violate the 55 provisions of this section. 56 Aggravated sexual abuse of a child is a class A-I felony.

A. 6214 4 1 § 11. Subdivision 1 of section 130.75 of the penal law, as amended by 2 chapter 1 of the laws of 2000, paragraphs (a) and (b) as amended by 3 chapter 777 of the laws of 2023, is amended to read as follows: 4 1. A person is guilty of course of sexual conduct against a child in 5 the first degree when, over a period of time not less than three months 6 in duration[: 7 ~~(a) he or she engages in two or more acts of sexual conduct, which~~ 8 ~~includes at least one act of vaginal sexual contact, oral sexual~~ 9 ~~contact, anal sexual contact or aggravated sexual contact, with a child~~ 10 ~~less than eleven years old; or~~ 11 ~~(b) he or she~~] such person, being eighteen years old or more, engages 12 in two or more acts of sexual conduct, which include at least one act of 13 vaginal sexual contact, oral sexual contact, anal sexual contact or 14 aggravated sexual contact, with a child less than thirteen years old. 15 § 12. The penal law is amended by adding a new section 130.81 to read 16 as follows: 17 § 130.81 Aggravated course of sexual conduct against a child. 18 1. A person is guilty of aggravated course of sexual conduct against a 19 child when, over a period of time not less than three months in dura- 20 tion: 21 (a) such person engages in two or more acts of sexual conduct, which 22 includes at least one act of sexual intercourse, oral sexual conduct, 23 anal sexual conduct or aggravated sexual contact, with a child less than 24 twelve years old; or 25 (b) such person, being twenty-one years old or more, engages in two or 26 more acts of sexual conduct, which includes at least one act of sexual 27 intercourse, oral sexual conduct, anal sexual conduct or aggravated 28 sexual contact, with a child less than fourteen years old. 29 2. A person may not be subsequently prosecuted for any other sexual 30 offense involving the same victim unless the other charged offense 31 occurred outside the time period charged under this section. 32 Aggravated course of sexual conduct against a child is a class A-I 33 felony. 34 § 13. Subparagraph (i) of paragraph (a) of subdivision 3 of section 35 168-a of the correction law, as amended by chapter 23 of the laws of 36 2024, is amended to read as follows: 37 (i) a conviction of or a conviction for an attempt to commit any of 38 the provisions of section 130.35, 130.36, 130.37, former section 130.50, 39 sections 130.51, 130.65, 130.66, 130.67, 130.70, 130.71, 130.75, 130.80, 40 130.81, 130.95 and 130.96 of the penal law, or 41 § 14. This act shall take effect on the first of November next 42 succeeding the date upon which it shall have become a law.

Enacts "Kimberly's Law"

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