Bill Text: NY S04358 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04358 Detail]
Download: New_York-2023-S04358-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4358 2023-2024 Regular Sessions IN SENATE February 7, 2023 ___________ Introduced by Sen. FERNANDEZ -- 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 consent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 130.05 of the penal law, as 2 amended by chapter 1 of the laws of 2000, paragraph (c) as amended by 3 chapter 264 of the laws of 2003 and paragraph (d) as amended by chapter 4 40 of the laws of 2004, is amended to read as follows: 5 2. (a) Consent to sexual contact is a knowing, voluntary, and mutual 6 decision among all participants. Consent can be given by words or 7 actions, as long as those words or actions create clear ongoing permis- 8 sion regarding willingness to engage in the sexual activity. 9 (b) Lack of consent results from: 10 [(a)] (i) Forcible compulsion, duress, coercion, or verbal withdrawal 11 of previously granted consent; or 12 [(b)] (ii) Incapacity to consent, regardless of whether the victim's 13 own actions rendered him or her incapable of consent; or 14 [(c)] (iii) Where the offense charged is sexual abuse or forcible 15 touching, any circumstances, in addition to forcible compulsion or inca- 16 pacity to consent, in which the victim does not expressly or impliedly 17 acquiesce in the actor's conduct; or 18 [(d)] (iv) Where the offense charged is rape in the third degree as 19 defined in subdivision three of section 130.25, or criminal sexual act 20 in the third degree as defined in subdivision three of section 130.40, 21 in addition to forcible compulsion, circumstances under which, at the 22 time of the act of intercourse, oral sexual conduct or anal sexual 23 conduct, the victim clearly expressed that he or she did not consent to 24 engage in such act, and a reasonable person in the actor's situation 25 would have understood such person's words and acts as an expression of 26 lack of consent to such act under all the circumstances. 27 § 2. This act shall take effect on the thirtieth day after it shall 28 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08726-01-3
