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NY S04032

Bill

Status

Engrossed

6/6/2024

Primary Sponsor

Jessica Scarcella-Spanton

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Establishes that past consent to sexual activity without protection does not constitute consent to future unprotected sexual activity.

  • 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

Committee Referrals

Codes6/6/2024
Codes2/2/2023

Full Bill Text

No bill text available