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