Last edited: February 14, 2005


S T A T E  O F  N E W  Y O R K

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S. 2517 A. 4039

1997-1998 Regular Sessions

S E N A T E - A S S E M B L Y

February 10, 1997

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IN SENATE -- Introduced by Sens. ABATE, GONZALEZ, LEICHTER, MARKOWITZ,

MONTGOMERY, ROSADO, SMITH, WALDON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. GLICK, GOTTFRIED, STRINGER, SANDERS -- Multi-Sponsored by -- M. of A. DINOWITZ, GENOVESI, GRAN- NIS, JOHN, MAYERSOHN, WEINSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to removing the crime of consensual sodomy and repealing section 130.38 of such law relating thereto

The people of the state of New York, represented in senate and assembly, do enact as follows:

Section 1. Section 130.38 of the penal law is REPEALED.

2. Subdivision 1 of section 130.05 of the penal law, as amended by chapter 1038 of the laws of 1965, is amended to read as follows:

1. Whether or not specifically stated, it is an element of every offense defined in this article[, except the offense of consensual sodomy,] that the sexual act was committed without consent of the victim.

3. This act shall take effect on the thirtieth day after it shall have become a law.

REPEAL NOTE.--Section 130.38 of the penal law proposed to be repealed by this act establishes the crime of consensual sodomy.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.

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