NY S04322

Creates a private right of action allowing individuals to sue for damages when a sexual partner intentionally removes, tampers with, or lies about using a sexually protective device without consent during agreed-upon sexual activity

Covers three scenarios: removing/tampering with a device during sex, knowingly using a tampered device, or misleading a partner into believing a device was being used when it was not

Specifies that past consent to unprotected sex does not constitute consent to future unprotected sex

Allows plaintiffs to recover compensatory damages, punitive damages, and non-monetary relief, with courts considering emotional impact including risks of STIs and nonconsensual pregnancy

Defines "sexually protective device" to include male/female condoms, spermicide, diaphragms, cervical caps, contraceptive sponges, dental dams, and other physical devices intended to prevent pregnancy or STIs

Takes effect 90 days after becoming law and applies to acts occurring on or after that date