What's happening
This bill requires life without parole for anyone who kills a person under 18 in New York.
Why it matters
Expands life without parole sentences statewide. By amending existing law, this bill mandates that any adult convicted of causing the death of someone under 18—whether intentionally or recklessly—must receive life imprisonment without parole, impacting all regions of New York where such crimes occur.
Targets both intentional and reckless acts. The bill broadens the scope of severe penalties by including not only intentional killings but also deaths caused by reckless actions, meaning a wider range of defendants—including those not intending to kill—would face the harshest penalty under New York law.
Removes judicial discretion for parole eligibility in these cases. Judges would no longer have discretion to set different minimum sentences or allow for parole in cases involving victims under 18, representing a significant tightening of sentencing policy with lasting consequences for convicted individuals and their families.
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Who cares
Families and Child Advocates
This law expands protections for minors by increasing penalties for causing the death of anyone under 18, so families, victim advocacy groups, and organizations focused on child welfare will be highly interested.
Criminal Defense Attorneys and Legal Aid Organizations
The broadened scope for murder charges and mandatory life without parole sentences for crimes against minors will significantly impact how these groups defend clients accused of serious offenses involving young people.
Prosecutors and Law Enforcement
District attorneys, police, and investigators who handle violent crimes, especially those involving minors, will care about the new charging options and sentencing enhancements that could affect case strategies and plea negotiations.
Correctional System and Parole Boards
Since the bill mandates life imprisonment without parole for certain crimes against youths, prison officials and parole authorities will need to plan for increased numbers of inmates serving life sentences with no possibility of early release.
Headline styles
Increase Penalties for Child Killers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
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.
Tougher Sentences for Child Killers
In Assembly Committee · Codes · Sponsor John K. Mikulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10691
IN SENATE
September 4, 2026
Introduced by Sen. CHAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to enacting "Jacob Freytes' law"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as "Jacob Freytes' law".
§ 2. Subdivision 5 of section 125.25 of the penal law, as amended by chapter 23 of the laws of 2024, is amended and a new subdivision 6 is added to read as follows:
5. Being eighteen years old or more, while in the course of committing rape in the first, second or third degree, a crime formerly defined in section 130.50, 130.45 or 130.40 of this title, the crime of sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than fourteen years old, [he or she] they intentionally [causes] cause the death of such person[.]; or
6. They recklessly cause the death of a person less than eighteen years old.
§ 3. Subdivisions 3 and 5 of section 70.00 of the penal law, subdivision 3 as amended by chapter 738 of the laws of 2004, paragraph (a) as amended by chapter 107 of the laws of 2006, paragraph (b) as amended by chapter 746 of the laws of 2006 and subdivision 5 as amended by section 40-a of part WWW of chapter 59 of the laws of 2017, are amended to read as follows:
3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence shall be at least one year and shall be fixed as follows:
(a) In the case of a class A felony, the minimum period shall be fixed by the court and specified in the sentence.
(i) For a class A-I felony, such minimum period shall not be less than fifteen years nor more than twenty-five years; provided, however, that (A) where a sentence, other than a sentence of death or life imprison-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16269-01-6
ment without parole, is imposed upon a defendant convicted of murder in the first degree as defined in section 125.27 of this chapter such minimum period shall be not less than twenty years nor more than twenty-five years, and, (B) where a sentence is imposed upon a defendant convicted of murder in the second degree as defined in [subdivision five of] section 125.25 of this chapter for causing the death of a person less than eighteen years old, or convicted of murder in the first degree as defined in section 125.27 of this chapter for causing the death of a person less than eighteen years old, or convicted of aggravated murder as defined in section 125.26 of this chapter, the sentence shall be life imprisonment without parole, and, (C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in article one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of paragraph (a) of subdivision one and paragraph (b) of subdivision one of section 125.27 of this chapter or attempted aggravated murder as defined in article one hundred ten of this chapter and section 125.26 of this chapter such minimum period shall be not less than twenty years nor more than forty years.
(ii) For a class A-II felony, such minimum period shall not be less than three years nor more than eight years four months, except that for the class A-II felony of predatory sexual assault as defined in section 130.95 of this chapter or the class A-II felony of predatory sexual assault against a child as defined in section 130.96 of this chapter, such minimum period shall be not less than ten years nor more than twenty-five years.
(b) For any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be not less than one year nor more than one-third of the maximum term imposed.
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] Except as otherwise provided in paragraph (a) of subdivision three of this section, 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 where such defendant caused the death of a person less than eighteen years old or for the crime of murder in the first degree as defined in section 125.27 of this chapter where such defendant caused the death of a person less than eighteen years old, 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 for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter.]
§ 4. This act shall take effect immediately.
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 enacting "Jacob Freytes' law"
Purpose or general idea of bill
To establish a mandatory sentence of life imprisonment without parole for the intentional or reckless murder of a child.
Summary of specific provisions
Section 1: Cites the act as Jacob Freytes' Law.
Section 2: Adds a new subdivision 6 to Section 125.25 of the penal law to include recklessly causing the death of a person less than 18 years old within the crime of Murder in the Second Degree.
Section 3: Amends subdivisions 3 and 5 of Section 70.00 of the Penal Law to require life imprisonment without parole upon conviction of murder in the first degree where the victim is less than 18, murder in the second degree where the victim is less than 18, and aggravated murder where the victim is less than 14.
Section 4: Provides for an immediate effective date.
Justification
The intentional or reckless taking of a child's life is an unforgivable act that demands the absolute maximum penalty under the law. When an individual intentionally or recklessly takes the life of a child under the age of eighteen, the law must respond with the strongest possible punishment: life without parole. Anything less would fail to reflect the moral gravity of the offense, the devastation inflicted on the victim's family, and the terror imposed on the surrounding community.
New York State holds a vital and compelling interest in protecting its youth from lethal violence. Jacob Freytes was only twelve years old when he was shot and killed in an exchange of gunfire while riding his bicy- cle near a neighborhood Bronx bodega, leaving his family shattered and a community devastated.
Violent crime warrants heightened scrutiny and stronger accountability. New Yorkers are tired of seeing innocent children become collateral damage to violent criminals. The State's criminal justice system must exist not only to rehabilitate, but to punish criminals and draw a hard line against the most abhorrent conduct. A mandatory sentence of life imprisonment without parole for these crimes sends an unmistakable message: those who murder children will never again walk free.
Prior legisla i ive history
New bill.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.