Bill Text: NY A08069 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to establishing lack of consent for sex offenses where a person intentionally removes or damages a sexually protective device without permission; establishes that there is a lack of consent for sexual offenses where a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device is used, and that other person intentionally removes or damages the sexually protective device without permission; defines sexually protective device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-25 - referred to codes [A08069 Detail]

Download: New_York-2017-A08069-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8069
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
                                       ___________
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law,  in  relation  to  establishing  lack  of
          consent  for  sex  offenses  where  a  person intentionally removes or
          damages a sexually protective device without permission
          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 rape in the third degree as defined
     5  in subdivision three of section 130.25, or criminal sexual  act  in  the
     6  third degree as defined in subdivision three of section 130.40, in addi-
     7  tion  to  forcible compulsion, circumstances under which, at the time of
     8  the act of intercourse, oral sexual conduct or anal sexual conduct,  the
     9  victim  clearly  expressed  that  he or she did not consent to engage in
    10  such act, and a reasonable person in the actor's  situation  would  have
    11  understood  such  person's  words  and  acts as an expression of lack of
    12  consent to such act under all the circumstances[.];or
    13    (e) Where a person freely agrees to have sexual intercourse or  sexual
    14  contact  with another person on the condition that a sexually protective
    15  device is used, and that other person intentionally removes  or  damages
    16  the sexually protective device without permission before or during sexu-
    17  al  intercourse  or  sexual contact. For the purposes of this paragraph,
    18  "sexually protective device" means a male or female condom,  spermicide,
    19  diaphragm,  cervical cap, contraceptive sponge, dental dam, or any other
    20  physical device intended to prevent pregnancy  or  sexually  transmitted
    21  infection.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11885-01-7