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
________________________________________________________________________
2115
2021-2022 Regular Sessions
IN SENATE
January 19, 2021
___________
Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, BIAGGI, HOYLMAN, KRUEGER,
PARKER, PERSAUD, SAVINO, SERRANO -- 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 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.
LBD01066-01-1
