NY S04404

Amends New York Penal Law to establish that witnesses, victims, suspects, or persons of interest in a law enforcement investigation are legally incapable of consenting to sexual activity with officers involved in or aware of that investigation

Applies to police officers, peace officers, or other law enforcement officials who either participate in the investigation or know/should know the person's status in the investigation

Creates an exception for pre-existing sexual relationships that began before the investigation commenced

Adds this new category of incapacity to consent alongside existing protections for detained persons and those under probation supervision

Takes effect 30 days after becoming law, with a contingency provision coordinating with Chapter 503 of the Laws of 2024