Loading chat...
NY S00054
Bill
Status
5/13/2025
Primary Sponsor
Nathalia Fernandez
Click for details
AI Summary
-
Amends New York Penal Law section 130.05 to add a new circumstance under which lack of consent can be established for sex crimes
-
Applies to charges of sexual misconduct (subdivisions 1, 2, and 3 of section 130.20) and rape in the third degree (subdivisions 7, 8, or 9 of section 130.25)
-
Establishes that lack of consent exists when a victim was clearly under the influence of any drug, intoxicant, or other substance to a degree that rendered them incapable of controlling their conduct and incapable of clearly expressing lack of consent
-
Requires that the victim's intoxicated condition was known or reasonably should have been known to a person in the actor's situation
-
Takes effect immediately upon enactment
Legislative Description
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.
Last Action
ADVANCED TO THIRD READING
2/3/2026