Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.
STATE OF NEW YORK
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6679--C
Cal. No. 372
2019-2020 Regular Sessions
IN SENATE
August 30, 2019
___________
Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- 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 40 of the laws of 2004, 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 and two of section 130.20, rape in the third degree as
6 defined in subdivision three of section 130.25, or criminal sexual act
7 in the third degree as defined in subdivision three of section 130.40,
8 in addition to forcible compulsion, circumstances under which, at the
9 time of the act of intercourse, oral sexual conduct or anal sexual
10 conduct, the victim clearly expressed that he or she did not consent to
11 engage in such act, and a reasonable person in the actor's situation
12 would have understood such person's words and acts as an expression of
13 lack of consent to such act under all the circumstances[.]; or
14 (e) Where the offense charged is sexual misconduct as defined in
15 subdivisions one and two of section 130.20, rape in the third degree as
16 defined in subdivision three of section 130.25, or criminal sexual act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13702-09-0
S. 6679--C 2
1 in the third degree as defined in subdivision three of section 130.40,
2 in addition to forcible compulsion, circumstances under which, at the
3 time of the act of intercourse, oral sexual conduct or anal sexual
4 conduct, the victim is under the influence of any drug, intoxicant, or
5 other substance to a degree which renders such person temporarily inca-
6 pable of appraising or controlling his or her conduct and such condi-
7 tion is known or reasonably should be known to a person in the actor's
8 situation.
9 § 2. This act shall take effect immediately.
