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NY S04032
Bill
Status
6/6/2024
Primary Sponsor
Jessica Scarcella-Spanton
Click for details
AI Summary
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Creates a private right of action for individuals to sue partners who remove, tamper with, or misrepresent the use of sexually protective devices during sexual activity without consent.
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Applies to three specific scenarios: intentional removal or tampering with a device during sexual activity; using a device known to be tampered with; or intentionally misleading a partner about device use when it was not used or inoperable.
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Awards compensatory damages and allows courts to impose punitive damages and non-monetary relief, with consideration given to emotional impact, risk of sexually transmitted diseases, and risk of nonconsensual pregnancy.
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Establishes that past consent to sexual activity without protection does not constitute consent to future unprotected sexual activity.
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Takes effect 90 days after enactment and applies only to acts occurring on or after the effective date.
Legislative Description
Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.
Last Action
referred to codes
6/6/2024