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