Bill Text: NY S00168 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 168 (Prior Session Legislation)

Introduced

Bill Title: Creates the offense of aggravated rape when a person engages in sexual intercourse or deviate sexual intercourse by forcible compulsion and such intercourse results in serious physical injury or is committed by a person who agrees with another to cause the performance of the same or is committed during the commission of an assault, homicide, other sex offenses, kidnapping or related offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00168 Detail]

Download: New_York-2009-S00168-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          168
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 aggravated rape
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 130.36 to
    2  read as follows:
    3  S 130.36  AGGRAVATED RAPE.
    4    A PERSON IS GUILTY OF AGGRAVATED RAPE WHEN HE OR SHE ENGAGES IN SEXUAL
    5  INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE WITH ANOTHER PERSON:
    6    1. BY FORCIBLE COMPULSION; AND
    7    2. SUCH SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE:
    8    (A) RESULTS IN OR IS COMMITTED WITH ACTS RESULTING IN SERIOUS PHYSICAL
    9  INJURY, OR
   10    (B) IS COMMITTED BY A PERSON WHO AGREES WITH ONE OR  MORE  PERSONS  TO
   11  ENGAGE IN OR CAUSE THE PERFORMANCE OF SUCH SEXUAL INTERCOURSE OR DEVIATE
   12  SEXUAL INTERCOURSE, OR
   13    (C)  IS  COMMITTED DURING THE COMMISSION OR ATTEMPTED COMMISSION OF AN
   14  OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY (EXCEPT AN OFFENSE DEFINED
   15  IN EITHER SECTION 120.00 OR 120.15 OF SUCH ARTICLE), ONE  HUNDRED  TWEN-
   16  TY-FIVE,  (EXCEPT  AN OFFENSE DEFINED IN EITHER SECTION 125.50 OR 125.55
   17  OF SUCH ARTICLE) ONE HUNDRED THIRTY-FIVE OR ONE HUNDRED  SIXTY  OF  THIS
   18  CHAPTER.
   19    AGGRAVATED RAPE IS A CLASS A-II FELONY.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  ing the year in which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02694-01-9