What's happening
This bill makes it a crime to remove, tamper with, or lie about using a sexually protective device without consent during sexual activity.
Why it matters
Expands the definition of sexual misconduct. The bill specifically addresses and criminalizes acts where an individual removes, tampers with, or misleads a partner about using a sexually protective device (such as condoms or dental dams) without consent, recognizing these actions as a violation of agreed-upon sexual boundaries.
Protects sexual autonomy and safety. By making these acts a crime, the legislation aims to reinforce the importance of mutual consent regarding sexual health protection, acknowledging that tampering with protective devices can expose individuals to unwanted pregnancy or sexually transmitted infections.
Covers a broad range of protective devices. The law’s definition includes not just condoms, but also other devices like diaphragms, cervical caps, contraceptive sponges, and dental dams, ensuring comprehensive protection under the law for various forms of contraception and STI prevention.
Addresses both action and deception. The bill criminalizes not only the physical act of removal or tampering, but also intentionally misleading someone about the use or effectiveness of a sexually protective device, closing potential loopholes around consent and transparency in sexual encounters.
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Who cares
Headline styles
Ban Stealthing During Sex
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
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.
Ban Condom Tampering
In Senate Committee · Codes · Sponsor Diane J. Savino
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
502
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PAULIN, GALEF, MOSLEY, CROUCH -- Multi-Sponsored by -- M. of A. D'URSO, SOLAGES -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unconsented removal or tampering with a sexually protective device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 130.20 of the penal law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:
3. a. He or she engages in sexual intercourse, oral sexual conduct or anal sexual conduct with another person that was mutually agreed upon by the parties involved with the explicit understanding and knowledge that a sexually protective device would be used but (i) intentionally and without consent removes or tampers with such sexually protective device during sexual intercourse, oral sexual conduct or anal sexual conduct, in a manner likely to render such device ineffective for its common purpose; (ii) intentionally and without consent uses a sexually protective device during sexual intercourse, oral sexual conduct or anal sexual conduct that he or she knows has been tampered with in a manner likely to render such device ineffective for its common purpose; or (iii) intentionally misleads the other person into believing that a sexually protective device was being used during sexual intercourse, oral sexual conduct or anal sexual conduct, and such sexually protective device was known by such other person to be either not used or inoperable.
b. For the purposes of this subdivision, a "sexually protective device" shall mean any one of the following intended to prevent pregnancy or sexually transmitted infection: male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or another physical device; or
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03804-01-9
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.