Amends provisions about sex offenses and consent involving members of the clergy or other ministers of any religion or duly accredited Christian science practitioners.
STATE OF NEW YORK
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9995
IN SENATE
April 21, 2026
___________
Introduced by Sens. BOTTCHER, MAY -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to amending sex offenses and
consent involving members of the clergy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (j) of subdivision 3 of section 130.05 of the
2 penal law, as added by section 1 of part JJ of chapter 55 of the laws of
3 2018, is amended and a new paragraph (l) is added to read as follows:
4 (j) detained or otherwise in the custody of a police officer, peace
5 officer, or other law enforcement official and the actor is a police
6 officer, peace officer or other law enforcement official who either: (i)
7 is detaining or maintaining custody of such person; or (ii) knows, or
8 reasonably should know, that at the time of the offense, such person was
9 detained or in custody[.]; or
10 (l) a member or adherent of an organized church or religious group and
11 the actor is a member of the clergy or other minister of any religion or
12 duly accredited Christian science practitioner charged with rape in the
13 third degree as defined in section 130.25 of this article, aggravated
14 sexual abuse in the fourth degree as defined in section 130.65-a of this
15 article, or sexual abuse in the third degree as defined in section
16 130.55 of this article, and the act of sexual conduct occurs during the
17 provision of pastoral counseling services within the context of minis-
18 terial charge or obligation.
19 § 2. Subdivision 4 of section 130.10 of the penal law, as amended by
20 section 2 of part JJ of chapter 55 of the laws of 2018, is amended to
21 read as follows:
22 4. In any prosecution under this article in which the victim's lack of
23 consent is based solely on [his or her] the victim's incapacity to
24 consent because [he or she] the victim was less than seventeen years
25 old, mentally disabled, a client or patient and the actor is a health
26 care provider, a member or adherent of an organized church or religious
27 group and the actor is a member of the clergy or other minister of any
28 religion or duly accredited Christian science practitioner, detained or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04307-01-5
S. 9995 2
1 otherwise in custody of law enforcement under the circumstances
2 described in paragraph (j) of subdivision three of section 130.05 of
3 this article, or committed to the care and custody or supervision of the
4 state department of corrections and community supervision or a hospital
5 and the actor is an employee, it shall be a defense that the defendant
6 was married to the victim as defined in subdivision four of section
7 130.00 of this article.
8 § 3. This act shall take effect on the thirtieth day after it shall
9 have become a law.
