Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.
STATE OF NEW YORK
________________________________________________________________________
1408
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. SIMON, L. ROSENTHAL, D'URSO, M. G. MILLER,
LAVINE, ENGLEBRIGHT, GLICK, MOSLEY, SEAWRIGHT, CROUCH, MONTESANO,
LAWRENCE, RICHARDSON, COOK, BRONSON -- Multi-Sponsored by -- M. of A.
HEVESI -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to re-defining physically
helpless
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 130.00 of the penal law is
2 amended to read as follows:
3 7. "Physically helpless" means that a person is unconscious or for any
4 other reason is physically unable to communicate [unwillingness] affir-
5 mative consent to an act. Such affirmative consent is a knowing, volun-
6 tary, and mutual decision among all participants to engage in sexual
7 activity. Consent can be given by words or actions, as long as those
8 words or actions create clear permission regarding willingness to engage
9 in the sexual activity.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01806-01-9
