Bill Text: NY A05519 | 2021-2022 | 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 extreme influence of any substance which renders them incapable of appraising or controlling his or her conduct and incapable of clearly expressing lack of consent.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2022-05-10 - reported referred to rules [A05519 Detail]

Download: New_York-2021-A05519-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5519--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by M. of A. DINOWITZ, PAULIN, GALEF, OTIS, SIMON, SEAWRIGHT,
          WEPRIN, PERRY -- read once and referred to the Committee on  Codes  --
          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 40 of the laws of 2004, 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 and two of section 130.20, rape in the third degree as
     6  defined in subdivision three of section 130.25, or criminal  sexual  act
     7  in  the  third degree as defined in subdivision three of section 130.40,
     8  in addition to forcible compulsion, circumstances under  which,  at  the
     9  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
    10  conduct, the victim clearly expressed that he or she did not consent  to
    11  engage  in  such  act,  and a reasonable person in the actor's situation
    12  would have understood such person's words and acts as an  expression  of
    13  lack of consent to such act under all the circumstances[.]; or
    14    (e)  Where  the  offense  charged  is  sexual misconduct as defined in
    15  subdivisions one and two of section 130.20, rape in the third degree  as
    16  defined  in  subdivision three of section 130.25, or criminal sexual act
    17  in the third degree as defined in subdivision three of  section  130.40,
    18  in  addition  to  forcible compulsion, circumstances under which, at the
    19  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
    20  conduct,  the victim is under the extreme influence of any drug, intoxi-
    21  cant, or other substance to such a degree as to render such person inca-
    22  pable of controlling  his  or  her  conduct  and  incapable  of  clearly
    23  expressing  lack  of  consent  and such condition is known or reasonably
    24  should be known to a person in the actor's situation.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02954-02-1