Bill Text: NY A01065 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

Spectrum: Moderate Partisan Bill (Democrat 69-11)

Status: (Introduced) 2024-06-05 - reported referred to rules [A01065 Detail]

Download: New_York-2023-A01065-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1065--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN,
          SEPTIMO, HEVESI, DARLING, L. ROSENTHAL, RA, DAVILA, LEE, STIRPE, McDO-
          NALD,  BORES,  LAVINE  --  read  once and referred to the Committee on
          Codes -- recommitted to the Committee  on  Codes  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the penal law, in relation to prohibiting the use of the
          intoxication  of  a  victim  as a defense to a criminal charge for sex
          crimes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
     2  penal law, as amended by chapter 23 of the laws of 2024, is amended  and
     3  a new paragraph (e) is added to read as follows:
     4    (d)  Where  the  offense  charged  is  sexual misconduct as defined in
     5  subdivisions one, two and three of section 130.20,  rape  in  the  third
     6  degree as defined in subdivision seven, eight or nine of section 130.25,
     7  or  a  crime  formerly defined in subdivision three of section 130.40 of
     8  this article, in addition to forcible  compulsion,  circumstances  under
     9  which,  at  the  time  of the act of vaginal sexual contact, oral sexual
    10  contact or anal sexual contact, the victim clearly expressed that he  or
    11  she  did  not  consent to engage in such act, and a reasonable person in
    12  the actor's situation would have understood such person's words and acts
    13  as an expression of lack of consent to such act under  all  the  circum-
    14  stances[.]; or
    15    (e)  Where  the  offense  charged  is  sexual misconduct as defined in
    16  subdivisions one, two and three of section 130.20,  rape  in  the  third
    17  degree as defined in subdivision seven, eight or nine of section 130.25,
    18  or  a  crime  formerly defined in subdivision three of section 130.40 of
    19  this article, in addition to forcible  compulsion,  circumstances  under
    20  which,  at  the  time of the act of  vaginal sexual contact, oral sexual

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01032-08-4
        A. 1065--A                          2

     1  contact or anal sexual contact, the victim was under  the  influence  of
     2  any  drug, intoxicant, or other substance to a degree which rendered the
     3  victim temporarily incapable of appraising or controlling such  person's
     4  conduct  and  such  condition  was  known or reasonably should have been
     5  known to a person in the actor's situation.
     6    § 2. This act shall take effect on the  same  date  and  in  the  same
     7  manner as section 66 of chapter 777 of the laws of 2023 takes effect.