What's happening
This bill prohibits using a victim's intoxication as a defense in prosecutions for certain sex crimes in New York.
Why it matters
Closes a legal loophole. by making it clear that a victim's intoxication—if severe enough to impair their ability to consent—cannot be used as a defense to certain sex crimes, ensuring that perpetrators can't avoid responsibility by claiming the victim’s state of intoxication excused their actions.
Modernizes consent law. by explicitly recognizing that incapacitation from drugs or alcohol undermines a victim’s ability to appraise or control their conduct, updating the legal definition of lack of consent to reflect current understanding of sexual assault dynamics.
Shifts focus to the perpetrator's knowledge. by holding individuals accountable if they knew or reasonably should have known the victim was too intoxicated to consent, raising the standard for what constitutes a valid defense in court and potentially increasing successful prosecutions.
Addresses victim-blaming in sexual assault cases. by removing the possibility for defendants to argue that a victim’s voluntary intoxication diminishes their own criminal liability, thereby strengthening protections for vulnerable individuals.
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Who cares
Sexual assault survivors
The bill would recognize lack of consent for specified sex offenses when intoxication makes a victim temporarily unable to appraise or control their conduct and the accused knew or reasonably should have known of that condition.
District attorneys
Prosecutors would gain an explicit intoxication-based ground for establishing lack of consent in specified sexual misconduct, third-degree rape and third-degree criminal sexual act cases.
Criminal defense attorneys
Defense counsel would need to address the victim’s level of impairment and what the accused knew or reasonably should have known in cases relying on the new provision.
People bringing sexual misconduct complaints
The bill would extend the clearly expressed nonconsent standard to sexual misconduct under subdivisions one and two of Penal Law section 130.20.
Headline styles
No Drunk Victim Defense
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
- Amended on third reading 6679c
- Advanced to third reading
- 2nd report cal.
- 1st report cal.372
- Referred to codes
- Print number 6679b
- Amend and recommit to rules
- Print number 6679a
- Amend (t) and recommit to rules
Show 1 earlier action
- Referred to rules
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.
Intoxication Not Defense in Rape
In Assembly Committee · Codes · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6679--C Cal. No. 372
2019-2020 Regular Sessions
IN SENATE
August 30, 2019
Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee --… Show allHide
Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
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 Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the penal law, as amended by chapter 40 of the laws of 2004, is amended and a new paragraph (e) is added to read as follows:
(d) Where the offense charged is sexual misconduct as defined in subdivisions one and two of section 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances[.]; or
(e) Where the offense charged is sexual misconduct as defined in subdivisions one and two of section 130.20, rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13702-09-0
S. 6679--C 2
in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim is under the influence of any drug, intoxicant, or other substance to a degree which renders such person temporarily incapable of appraising or controlling his or her conduct and such condition is known or reasonably should be known to a person in the actor's situation.
§ 2. This act shall take effect immediately.
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 prohibiting the use of the intoxication of a victim as a defense to a criminal charge for sex crimes
Purpose or general idea of bill
To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to that intoxication.
Summary of specific provisions
Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to include sexual misconduct in offenses covered under lack of consent and adds a new paragraph (e) of subdivision 2 of section 130.05 to include offenses covered under the inability to consent.
Section 2 sets forth the effective date.
Justification
Currently, victims of sex crimes in cases where the abused individual voluntarily consumes alcohol and/or drugs to the point of intoxication are not able to seek adequate recourse. The penal law, in its definition of mental incapacitation, only recognizes cases where a substance is administered involuntarily. Therefore, prosecutors are limited in their ability to bring about charges involving cases where the abused individ- ual voluntary consumed intoxicating substances.
As we know, mental incapacitation and the subsequent inability to consent to sexual acts is not dependent on whether an individual volun- tarily or involuntarily consumed an intoxicating substance. When such arbitrary determinations are made, we advance a culture that denies a voice to victims and further denies access to a criminal justice system meant to support, not deny sexual abuse survivors the justice they deserve.
Prior legislative history
None.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.