STATE OF NEW YORK
________________________________________________________________________
1078
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. PAULIN, CRUZ, ZINERMAN -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to 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. Subdivision 3 of section 130.20 of the penal law is renum-
2 bered subdivision 4 and a new subdivision 3 is added to read as follows:
3 3. a. He or she engages in sexual intercourse, oral sexual conduct or
4 anal sexual conduct with another person that was mutually agreed upon by
5 the parties involved with the explicit understanding and knowledge that
6 a sexually protective device would be used but (i) intentionally and
7 without consent removes or tampers with such sexually protective device
8 during sexual intercourse, oral sexual conduct or anal sexual conduct,
9 in a manner likely to render such device ineffective for its common
10 purpose; (ii) intentionally and without consent uses a sexually protec-
11 tive device during sexual intercourse, oral sexual conduct or anal sexu-
12 al conduct that he or she knows has been tampered with in a manner like-
13 ly to render such device ineffective for its common purpose; or (iii)
14 intentionally misleads the other person into believing that a sexually
15 protective device was being used during sexual intercourse, oral sexual
16 conduct or anal sexual conduct, and such sexually protective device was
17 known by such other person to be either not used or inoperable.
18 b. For the purposes of this subdivision, a "sexually protective
19 device" shall mean any one of the following intended to prevent pregnan-
20 cy or sexually transmitted infection: male or female condom, spermicide,
21 diaphragm, cervical cap, contraceptive sponge, dental dam, or another
22 physical device; or
23 § 2. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04267-01-3
