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
________________________________________________________________________
4555--B
Cal. No. 350
2023-2024 Regular Sessions
IN SENATE
February 10, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading -- recommitted to the Committee on Codes
in accordance with Senate Rule 6, sec. 8 -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
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 did not consent to engage in such act, and a reasonable person in
12 the actor's situation would have understood such person's words and acts
13 as an expression of lack of consent to such act under all the circum-
14 stances[.]; 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01032-07-4
S. 4555--B 2
1 or a crime formerly defined in subdivision three of section 130.40 of
2 this article, in addition to forcible compulsion, circumstances under
3 which, at the time of the act of vaginal sexual contact, oral sexual
4 contact or anal sexual contact, the victim was under the influence of
5 any drug, intoxicant, or other substance to a degree which rendered the
6 victim temporarily incapable of appraising or controlling such person's
7 conduct and such condition was known or reasonably should have been
8 known to a person in the actor's situation.
9 § 2. This act shall take effect on the same date and in the same
10 manner as section 66 of chapter 777 of the laws of 2023 takes effect.
