Prohibits the use of intoxication of the victim as a defense in sex crimes

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                           101

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                       (PREFILED)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of A. DINOWITZ, PAULIN, LEE, OTIS, SIMON, SEAWRIGHT,
          WEPRIN, SEPTIMO, HEVESI, ROSENTHAL, RA, DAVILA, STIRPE, BORES, LAVINE,
          GONZALEZ-ROJAS, GLICK, SHIMSKY, LUCAS, JACOBSON, ZINERMAN,  LEVENBERG,
          LUNSFORD,  BURDICK, BICHOTTE HERMELYN, RAMOS, BARRETT, ZACCARO, REYES,
          COLTON, McMAHON, SIMONE, CRUZ, TAPIA, GANDOLFO, SLATER, JONES,  CLARK,
          WOERNER, ALVAREZ, SAYEGH, DeSTEFANO, BERGER, CUNNINGHAM, KELLES, COOK,
          RAGA,  JENSEN,  BLANKENBUSH,  VANEL,  NOVAKHOV,  BUTTENSCHON, LUPARDO,
          GALLAHAN, PHEFFER AMATO, STERN, ANGELINO,  DE LOS SANTOS,  BRAUNSTEIN,
          CHANDLER-WATERMAN,   ROZIC,  RAJKUMAR,  SANTABARBARA,  TAYLOR,  STECK,
          ANDERSON -- read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to prohibiting the use of the
          intoxication of a victim as a defense to a  criminal  charge  for  sex
          crimes

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Paragraph (d) of subdivision 2 of  section  130.05  of  the
     2  penal  law, as amended by chapter 23 of the laws of 2024, is amended and
     3  a new paragraph (e) is added to read as follows:
     4    (d) Where the offense charged  is  SEXUAL  MISCONDUCT  AS  DEFINED  IN
     5  SUBDIVISIONS  ONE,  TWO  AND  THREE OF SECTION 130.20, rape in the third
     6  degree as defined in subdivision seven, eight or nine of section 130.25,
     7  or a crime formerly defined in subdivision three of  section  130.40  OF
     8  THIS  ARTICLE,  in  addition to forcible compulsion, circumstances under
     9  which, at the time of the act of vaginal  sexual  contact,  oral  sexual
    10  contact or anal sexual contact, the victim clearly expressed that [he or
    11  she] SUCH VICTIM did not consent to engage in such act, and a reasonable
    12  person  in  the  actor's  situation  would have understood such person's
    13  words and acts as an expression of lack of consent to such act under all
    14  the circumstances[.]; OR

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00357-01-5
        A. 101                              2

     1    (E) WHERE THE OFFENSE CHARGED  IS  SEXUAL  MISCONDUCT  AS  DEFINED  IN
     2  SUBDIVISIONS  ONE,  TWO  AND  THREE OF SECTION 130.20, RAPE IN THE THIRD
     3  DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25,
     4  OR A CRIME FORMERLY DEFINED IN SUBDIVISION THREE OF  SECTION  130.40  OF
     5  THIS  ARTICLE,  IN  ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER
     6  WHICH, AT THE TIME OF THE ACT OF   VAGINAL SEXUAL CONTACT,  ORAL  SEXUAL
     7  CONTACT  OR  ANAL  SEXUAL CONTACT, THE VICTIM WAS UNDER THE INFLUENCE OF
     8  ANY DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERED  THE
     9  VICTIM  TEMPORARILY INCAPABLE OF APPRAISING OR CONTROLLING SUCH PERSON'S
    10  CONDUCT AND SUCH CONDITION WAS KNOWN  OR  REASONABLY  SHOULD  HAVE  BEEN
    11  KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
    12    § 2. This act shall take effect immediately.