S10632 • 2025

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

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Nathalia Fernandez
Last action: 2026-06-04
Official status: In Assembly Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

Prohibits the use of intoxication of the victim as a defense in sex crimes Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

What This Bill Does

Prohibits the use of intoxication of the victim as a defense in sex crimes Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-06-04 Senate
ORDERED TO THIRD READING CAL.1781
2026-06-04 Senate
PASSED SENATE
2026-06-04 Senate
DELIVERED TO ASSEMBLY
2026-06-04 Assembly
REFERRED TO CODES
2026-06-01 Senate
REFERRED TO RULES

Official Summary Text

Prohibits the use of intoxication of the victim as a defense in sex crimes
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

Current Bill Text

Read the full stored bill text

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

                                          10632

                                    I N  S E N A T E

                                      June 1, 2026
                                       ___________

        Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, CANZONERI-FITZPATRICK,
          CHAN,   GALLIVAN,  GONZALEZ,  GOUNARDES,  HELMING,  JACKSON,  KRUEGER,
          MARTINS, MATTERA, MURRAY, MYRIE, OBERACKER,  PALUMBO,  RAMOS,  RHOADS,
          ROLISON,  C. RYAN,  SEPULVEDA,  SERRANO,  WEBB, WEBER, ZELLNER -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules

        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
    15    (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
    16  SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  RAPE  IN  THE  THIRD
    17  DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25,
    18  OR  A  CRIME  FORMERLY DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF
    19  THIS ARTICLE, IN ADDITION TO FORCIBLE  COMPULSION,  CIRCUMSTANCES  UNDER
    20  WHICH,  AT  THE  TIME OF THE ACT OF  VAGINAL SEXUAL CONTACT, ORAL SEXUAL
    21  CONTACT OR ANAL SEXUAL CONTACT, THE VICTIM WAS UNDER  THE  INFLUENCE  OF
    22  ANY  DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERED THE
    23  VICTIM TEMPORARILY INCAPABLE OF APPRAISING OR CONTROLLING SUCH  PERSON'S
    24  CONDUCT  AND  SUCH  CONDITION  WAS  KNOWN OR REASONABLY SHOULD HAVE BEEN
    25  KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
    26    § 2. This act shall take effect immediately.

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