NY S07708

Amends Penal Law Section 130.05 to establish that a person lacks capacity to consent to sexual conduct when under arrest, in detention, or in actual custody of law enforcement.

Applies this incapacity standard when the actor is a police officer, peace officer, or law enforcement official who is responsible for the arrest or detention, or who knows or reasonably should know of the custody status.

Modifies Penal Law Section 130.10 to exclude the marriage defense in sexual assault prosecutions where the victim's lack of consent is based on incapacity due to custody by law enforcement under the conditions specified.

Takes effect on the thirtieth day after becoming law.