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NY S00866

Bill

Status

Engrossed

3/27/2025

Primary Sponsor

Jamaal Bailey

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Redefines "physically helpless" in New York's penal law from a person unable to communicate "unwillingness" to one unable to communicate "affirmative consent" to a sexual act

  • Establishes that affirmative consent must be a knowing, voluntary, and mutual decision among all participants to engage in sexual activity

  • Specifies that consent can be given through words or actions, provided they create clear permission regarding willingness to engage in sexual activity

  • Shifts the legal standard from requiring victims to express non-consent to requiring participants to obtain positive consent

  • Takes effect immediately upon passage

Legislative Description

Relates to re-defining the term physically helpless to mean an individual who is physically unable to communicate affirmative consent through words or clear actions that offer permission and a willingness to engage in sexual activity.

Last Action

referred to codes

2/5/2026

Committee Referrals

Codes2/5/2026
Codes1/7/2026
Codes3/27/2025
Codes1/8/2025

Full Bill Text

No bill text available