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NY S00866
Bill
Status
3/27/2025
Primary Sponsor
Jamaal Bailey
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AI Summary
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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
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Establishes that affirmative consent must be a knowing, voluntary, and mutual decision among all participants to engage in sexual activity
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Specifies that consent can be given through words or actions, provided they create clear permission regarding willingness to engage in sexual activity
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Shifts the legal standard from requiring victims to express non-consent to requiring participants to obtain positive consent
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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