What's happening
This bill increases the penalty for rape in the first degree in New York from a class B to a class A-II felony.
Why it matters
Reclassifying first-degree rape as a class A-II felony puts it among the most serious crimes in New York, on par with offenses like murder and major drug trafficking, signaling a strong stance on the severity of this crime.
The change could result in substantially longer prison sentences and reduced eligibility for parole, directly impacting the lives of those convicted and potentially serving as a greater deterrent.
Victims and advocacy groups may see this as an acknowledgment of the profound harm caused by first-degree rape, possibly increasing trust in the justice system’s commitment to addressing sexual violence.
However, the bill may also intensify legal battles in rape cases, as higher stakes for defendants could lead to more trials, appeals, and potentially fewer plea bargains, affecting court resources and case outcomes.
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Who cares
Headline styles
Increase Rape Sentence
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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.
Increase Rape Sentencing
In Assembly Committee · Codes · Sponsor John Lemondes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
477
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. OBERACKER, ASHBY, BORRELLO, MATTERA, PALUMBO -- 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 penalty for rape in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.35 of the penal law, as amended by chapter 777 of the laws of 2023, is amended to read as follows: § 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when:
1. [he or she] such person engages in vaginal sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen years old or more;
2. [he or she] such person engages in oral sexual contact with another person:
(a) By forcible compulsion; or
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) Who is less than thirteen years old and the actor is eighteen years old or more; or
3. [he or she] such person engages in anal sexual contact with another person:
(a) By forcible compulsion; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01127-01-5
(b) Who is incapable of consent by reason of being physically helpless; or
(c) Who is less than eleven years old; or
(d) 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] A-II felony.
§ 2. 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 increasing the penalty for rape in the first degree
Purpose
Amends the penal law to increase the penalty for rape in the first-de- gree from a class '13' felony to a class A-II' felony.
Summary of provisions
Section 1 amends the penal code to increase the penalty for rape.
Section 2 states the effective date.
EXISTING LAW:.
First-degree rape is currently a class - 13' felony punishable by up to a twenty-five year sentence fixed by the court.
Justification
First-degree rape is one of the most heinous crimes an individual can commit and must be punished accordingly. Under current law, the court system is given too much leeway in determining the penalty for a convicted first-degree rapist. The legislation would mandate that every conviction incur a sentence of a minimum of ten years.
Legislative history
S1166/A4286 of 2023-2024 Referred to Codes
S5334/A5477 of 2021-2022 Referred to Codes
S5396/A7683 of 2019-2020 Referred to Codes
Fiscal implications
None.
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.