Senate BillIntroduced
S 477: Increases the penalty for rape in the first degree from a class B felony to an class A-II felony.
What S 477 does, verified January 8, 2026
The bill aims to increase the penalty for rape in the first degree. A person is guilty of this crime if they engage in vaginal, oral, or anal sexual contact with another person under certain circumstances. These circumstances include using forcible compulsion, being physically helpless, or being a minor under the age of eleven or thirteen. The age of the victim and the perpetrator also plays a role, with the perpetrator facing increased penalties for acting on their desires with minors under the age of thirteen. This bill classifies rape in the first degree as a serious felony. The proposed law will take effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO CODES (2026-01-07)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO CODES |
| Jan. 08, 2025 | REFERRED TO CODES |
Latest bill textIntroduced version, January 8, 2025 · 375 words
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 Assem- bly, do enact as follows: 1 Section 1. Section 130.35 of the penal law, as amended by chapter 777 2 of the laws of 2023, is amended to read as follows: 3 § 130.35 Rape in the first degree. 4 A person is guilty of rape in the first degree when: 5 1. [he or she] such person engages in vaginal sexual contact with 6 another person: 7 (a) By forcible compulsion; or 8 (b) Who is incapable of consent by reason of being physically help- 9 less; or 10 (c) Who is less than eleven years old; or 11 (d) Who is less than thirteen years old and the actor is eighteen 12 years old or more; 13 2. [he or she] such person engages in oral sexual contact with another 14 person: 15 (a) By forcible compulsion; or 16 (b) Who is incapable of consent by reason of being physically help- 17 less; or 18 (c) Who is less than eleven years old; or 19 (d) Who is less than thirteen years old and the actor is eighteen 20 years old or more; or 21 3. [he or she] such person engages in anal sexual contact with another 22 person: 23 (a) By forcible compulsion; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01127-01-5S. 477 2 1 (b) Who is incapable of consent by reason of being physically help- 2 less; or 3 (c) Who is less than eleven years old; or 4 (d) Who is less than thirteen years old and the actor is eighteen 5 years old or more. 6 Rape in the first degree is a class [B] A-II felony. 7 § 2. This act shall take effect immediately.
Text of S 477 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions