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.
STATE OF NEW YORK
________________________________________________________________________
10632
IN SENATE
June 1, 2026
___________
Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, CANZONERI-FITZPATRICK,
CHAN, GALLIVAN, GONZALEZ, GOUNARDES, HELMING, JACKSON, KRUEGER,
MARTINS, MATTERA, MURRAY, MYRIE, OBERACKER, PALUMBO, RAMOS, RHOADS,
ROLISON, C. RYAN, SEPULVEDA, SERRANO, WEBB, WEBER, ZELLNER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules
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 23 of the laws of 2024, 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, two and three of section 130.20, rape in the third
6 degree as defined in subdivision seven, eight or nine of section 130.25,
7 or a crime formerly defined in subdivision three of section 130.40 of
8 this article, in addition to forcible compulsion, circumstances under
9 which, at the time of the act of vaginal sexual contact, oral sexual
10 contact or anal sexual contact, the victim clearly expressed that [he or
11 she] such victim did not consent to engage in such act, and a reasonable
12 person in the actor's situation would have understood such person's
13 words and acts as an expression of lack of consent to such act under all
14 the circumstances[.]; or
15 (e) Where the offense charged is sexual misconduct as defined in
16 subdivisions one, two and three of section 130.20, rape in the third
17 degree as defined in subdivision seven, eight or nine of section 130.25,
18 or a crime formerly defined in subdivision three of section 130.40 of
19 this article, in addition to forcible compulsion, circumstances under
20 which, at the time of the act of vaginal sexual contact, oral sexual
21 contact or anal sexual contact, the victim was under the influence of
22 any drug, intoxicant, or other substance to a degree which rendered the
23 victim temporarily incapable of appraising or controlling such person's
24 conduct and such condition was known or reasonably should have been
25 known to a person in the actor's situation.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00357-01-5
