Summary of new crimes and sentences under the
New York Sexual
Assault Reform Act
Applies to crimes committed on or after February
New "Date Rape"
Facilitating a Sex Offense with a Controlled
Substance. Penal Law 130.90 – a
Class D felony:
& Sodomy 3rd. Penal Law
130.25 and 130.40 – Class E felonies.
1. Knowingly & unlawfully possesses a
controlled substance, and
2. Administers such substance to another person
without such person’s consent,
3. With the intent to commit a felony under
Penal Law 130, and
4. Commits or attempts to commit such felony.
The new definition of
lack of consent in Penal Law 130.05(2) adds
"circumstances under which at the time of intercourse, the
victim clearly expressed that he or she did not consent to engage
in such act, and a reasonable person in the [defendant’s]
situation would have understood such person’s words and acts as
an expression of lack of consent to such act under all the
1. Sexual intercourse,
2. without consent
3. where the lack of consent is not due to
"incapacity to consent." That is, the victim actually
expresses lack of consent by words and/or actions during the
incident. Use of force is not required. No means no.
Penal Law 130.52 – Class A Misdemeanor.
includes squeezing, grabbing, or pinching.
1. intentionally, and for no legitimate purpose
2. forcibly touches
3. the sexual or other intimate parts of
4. for the purpose of degrading or
abusing such person or for the purpose of gratifying the
[defendant’s] sexual desire.
Persistent Sexual Abuse.
Penal Law 130.53.
Misdemeanor sexual abuse is upgraded to a felony
if the defendant has at least two prior misdemeanor sexual abuse
convictions within the previous 10 year period.
Crimes against a "mentally
or "mentally disabled" victim.
means that "a person is rendered temporarily incapable of
appraising or controlling his conduct owing to the influence of a
narcotic or intoxicating substance administered to him or her
without consent, or to any other act committed upon him or her
"Mentally disabled" means that
"a person suffers from a mental disease or defect which renders
him or her incapable of appraising the nature of his or her
Upgrade from E felony to D felony - Rape 2nd
and Sodomy 2nd.
Aggravated Sexual Abuse 3rd. Penal
Law 130.66(2) – Class D felony where victim is "mentally
incapacitated" or "mentally disabled."
Aggravated Sexual Abuse 4th. Penal
Law 130.65-a – Class E felony. No force necessary where victim is
Statutory Age Changes.
New York law states that a person less than 17
years old is legally incapable of consenting to sexual intercourse
or other sexual contact.
Rape 1st & Sodomy 1st –when
the age of the victim is less than 13, where the defendant is
at least 18. Under the old law, this only applied when the victim
was less than 11.
Rape 2nd & Sodomy 2nd -
when the age of the victim is less
than 15 and the defendant is at least 18, however there is an
affirmative defense where the defendant is less than 4 years older
than the victim.
Course of Conduct against a Child 1st
and 2nd. Penal Law 130.75
& 130.80. Two or more acts of sexual conduct, within a three
month period, against a child less than 11 or against a child
less than 13 by a defendant who is at least 18.
Use or Promotion of a Child in a Sexual
Performance. Penal Law 263.05 &
263 .15 – Class C and D felonies. Age of victim raised from under
16 to under 17.
Obscene Sexual Performance by a Child. Penal
Law 263.10 – Class D felony. Age of victim raised from under 16 to
Sexual Assault by Health
Rape 3rd, Sodomy 3rd,
Aggravated Sexual Abuse 4th & Sexual Abuse 3rd.
The definition of "incapacity to consent" amended to
include "a patient of a health care or mental health care
Probation periods doubled:
Felonies = 10 years & A misdemeanors 6 years.
Sex Offenders prohibited from school grounds – mandatory
condition of any release on conditional discharge, probation or
parole once convicted of any sex offense.
Second Child Sexual Assault Felony Offender. Penal
1. victim less than 15
2. second within 15 years (10 years for other
3. raises minimum permissible sentence.
Bail is prohibited after conviction and
For a Class B or C felony sex offense against a child less than
18 years old. Penal Law 530.40(3), 530.45(1), 530.50.
here for a more detailed description of the Sexual Assault Reform