What's happening
This bill redefines "physically helpless" in New York penal law to require affirmative, knowing, and voluntary consent for sexual activity.
Why it matters
Shifts the legal standard from "unwillingness" to "affirmative consent". for cases where someone is considered "physically helpless," meaning lack of explicit agreement (not just lack of resistance) can qualify as non-consensual.
Defines "affirmative consent" as a knowing, voluntary, and mutual decision. , clarifying that consent must be clear, mutual, and communicated through words or actions—raising the bar for what counts as consent in sexual activity cases.
Aims to improve protections for victims. by making it easier to prosecute sexual offenses where the victim could not actively communicate their willingness, particularly benefitting those who are unconscious, impaired, or otherwise unable to speak up.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Redefine Physical Helplessness Consent
Plain English, a few words. Used as the page title.
Sponsors
17 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Redefine Consent in Law
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1408
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
Introduced by M. of A. SIMON, L. ROSENTHAL, D'URSO, M. G. MILLER, LAVINE, ENGLEBRIGHT, GLICK, MOSLEY, SEAWRIGHT, CROUCH, MONTESANO, LAWRENCE, RICHARDSON, COOK, BRONSON -- Multi-Sponsored by -- M. of A. HEVESI -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to re-defining physically helpless
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 130.00 of the penal law is amended to read as follows:
7. "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate [unwillingness] affirmative consent to an act. Such affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01806-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.