NY S05768

Creates a private right of action for damages against a person who intentionally removes, tampers with, or misuses a sexually protective device without consent during sexual activity that was agreed upon with the explicit understanding a device would be used.

Establishes three actionable conditions: (a) intentional removal or tampering with a device to render it ineffective; (b) intentional use of a device known to be tampered with or inoperable; or (c) intentional deception that a device was being used when it was not or was inoperable.

Specifies that "sexually protective device" includes male or female condoms, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or other physical devices intended to prevent pregnancy or sexually transmitted infection.

Allows recovery of compensatory damages and permits courts to award punitive damages and other non-monetary relief, with consideration given to emotional impact including risk of sexually transmitted diseases and nonconsensual pregnancy.

Takes effect 90 days after becoming law and applies only to acts occurring on or after the effective date; does not limit other federal or state law remedies including child support obligations.