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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2024-06-05 - reported referred to rules [A01065 Detail]

Download: New_York-2023-A01065-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1065

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN,
          SEPTIMO,  HEVESI,  D. ROSENTHAL,  DARLING, L. ROSENTHAL, RA, DAVILA --
          read once and referred to the Committee on Codes

        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 influence of any drug, intoxicant, or
    21  other substance to a degree  which  renders  that  person  incapable  of
    22  giving consent and that condition is known or reasonably should be known
    23  to a person in the actor's situation.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01032-02-3