Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling his or her conduct and incapable of clearly expressing lack of consent.
STATE OF NEW YORK
________________________________________________________________________
5519--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. DINOWITZ, PAULIN, GALEF, OTIS, SIMON, SEAWRIGHT,
WEPRIN, PERRY -- read once and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 extreme influence of any drug, intoxi-
21 cant, or other substance to such a degree as to render such person inca-
22 pable of controlling his or her conduct and incapable of clearly
23 expressing lack of consent and such condition is known or reasonably
24 should be known to a person in the actor's situation.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02954-02-1
