What's happening
This bill redefines "physically helpless" in New York penal law to require affirmative consent for sexual activity.
Why it matters
Strengthens legal protections by clarifying that silence or lack of resistance does not equal consent. The new definition requires clear, affirmative agreement to sexual activity, making it harder to claim misunderstanding about consent.
Potentially expands the scope of prosecutable sexual offenses. By redefining “physically helpless” to include situations where a person cannot give affirmative consent, more cases—especially those involving intoxication, incapacitation, or fear—may fall under criminal statutes.
Aligns New York’s law with modern standards and campus policies. The amendment adopts an “affirmative consent” or “yes means yes” model, which many colleges already use, updating the legal framework to reflect current understanding of consent.
Promotes accountability and safer practices. The explicit requirement for mutual, knowing, and voluntary agreement could encourage clearer communication and reduce ambiguity in sexual encounters, aiming to prevent misunderstandings and coercion.
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Who cares
Headline styles
Redefine Consent in Law
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.977
- 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 Physical Helplessness Consent
In Assembly Committee · Codes · Sponsor Jo Anne Simon
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2171
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, ADDABBO, BENJAMIN, HOYLMAN, KRUEGER, PARKER, SAVINO -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to re-defining physically helpless
Purpose or general idea of bill
To amend the penal law, in relation to redefining the definition of "physical helplessness"
Summary of specific provisions
Section 1 of the bill amends subdivision 7 of section 130.00 of the penal lastò to say that "Physically Helpless" means that a person is unconscious or for any other reason physically unable to communicate affirmative consent to an act.
Justification
The present statute is drafted as a double negative and seems to place the burden on the victim to say "no". While that perspective may have reflected the consensus of the community at that time, it does not comport with it today. Over the past several years, concerns regarding "date rape" and alleged underreporting of unwanted sexual contact on college campuses, and in the military have resulted in a changed perspective on the issue. In cases involving sexual assault with uncon- scious individuals or others who are physically unable to communicate consent by words or actions the time is now to move from a "no means no" standard to only "yes means yes".
Prior legislative history
701-16: S.8008 - Referred to Codes
Fiscal implications
To be determined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.