Bill Text: NY S04032 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-06 - referred to codes [S04032 Detail]

Download: New_York-2023-S04032-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4032--A
            Cal. No. 1007

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN  ACT to amend the civil rights law, in relation to creating a private
          right of action for unconsented removal or tampering with  a  sexually
          protective device

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

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  52-e to read as follows:
     3    §  52-e.  Private right of action for unconsented removal or tampering
     4  with a sexually protective device. 1. Any person who engaged  in  sexual
     5  intercourse,  oral  sexual conduct or anal sexual conduct, as defined in
     6  section 130.00 of the penal law, with another person that  was  mutually
     7  agreed  upon by the parties involved with the explicit understanding and
     8  knowledge that a sexually  protective  device  would  be  used  to  help
     9  prevent  or  safeguard  against  pregnancy  or  a  sexually  transmitted
    10  infection shall have a private right of action for damages against  such
    11  other person under any of the following conditions:
    12    (a)  The  other  person  intentionally  and without consent removed or
    13  tampered with such sexually protective device during such sexual  inter-
    14  course,  oral  sexual conduct or anal sexual conduct, in a manner likely
    15  to render such device ineffective for its common purpose;
    16    (b) The other person intentionally and without consent used a sexually
    17  protective device during such sexual intercourse, oral sexual conduct or
    18  anal sexual conduct that such other person knew had been  tampered  with
    19  in  a  manner  likely  to  render such device ineffective for its common
    20  purpose; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02111-03-4
        S. 4032--A                          2

     1    (c) The other person intentionally misled the  person  into  believing
     2  that  a  sexually  protective device was being used by such other person
     3  during such sexual intercourse,  oral  sexual  conduct  or  anal  sexual
     4  conduct,  and  such  sexually  protective device was known by such other
     5  person to be either not used or inoperable.
     6    2.  Past  consent  to  sexual  activity  without the use of a sexually
     7  protective device shall not alone constitute consent to sexual  activity
     8  without the use of a sexually protective device at any future time.
     9    3.  Damages  recovered  by  a plaintiff pursuant to this section shall
    10  include compensatory damages.  In addition thereto, the  trier  of  fact
    11  may  award punitive damages and such other non-monetary relief as may be
    12  appropriate. In awarding damages, the court may consider  the  emotional
    13  impact  of  the  defendant's  conduct, including but not limited to, the
    14  risk of sexually transmitted diseases, and  the  risk  of  nonconsensual
    15  pregnancy.
    16    4.  Nothing  in  this section shall be deemed to abrogate or otherwise
    17  limit any right or remedy otherwise conferred by federal  or  state  law
    18  including  but  not  limited  to,  any  right or remedy related to child
    19  support, nor shall any award under this section be used to offset  child
    20  support obligations that may arise in connection with this section.
    21    5. For purposes of this section, the term "sexually protective device"
    22  shall  mean  any  one  of the following intended to prevent pregnancy or
    23  sexually transmitted  infection:  male  or  female  condom,  spermicide,
    24  diaphragm,  cervical  cap,  contraceptive sponge, dental dam, or another
    25  physical device.
    26    § 2. This act shall take effect on the ninetieth day  after  it  shall
    27  have  become  a  law, and shall apply to acts occurring on or after such
    28  date.