 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8085
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        Introduced  by  M. of A. NIOU -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to consent
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2  of  section  130.05  of the penal law, as
     2  amended by chapter 1 of the laws of 2000, paragraph (c)  as  amended  by
     3  chapter  264 of the laws of 2003 and paragraph (d) as amended by chapter
     4  40 of the laws of 2004, is amended to read as follows:
     5    2. (a) Consent to sexual contact is a knowing, voluntary,  and  mutual
     6  decision  among  all  participants.  Consent  can  be  given by words or
     7  actions, as long as those words or actions create clear ongoing  permis-
     8  sion regarding willingness to engage in the sexual activity.
     9    (b) Lack of consent results from:
    10    [(a)]  (i) Forcible compulsion, duress, coercion, or verbal withdrawal
    11  of previously granted consent; or
    12    [(b)] (ii) Incapacity to consent, regardless of whether  the  victim's
    13  own actions rendered him or her incapable of consent; or
    14    [(c)]  (iii)  Where  the  offense  charged is sexual abuse or forcible
    15  touching, any circumstances, in addition to forcible compulsion or inca-
    16  pacity to consent, in which the victim does not expressly  or  impliedly
    17  acquiesce in the actor's conduct; or
    18    [(d)]  (iv)  Where  the offense charged is rape in the third degree as
    19  defined in subdivision three of section 130.25, or criminal  sexual  act
    20  in  the  third degree as defined in subdivision three of section 130.40,
    21  in addition to forcible compulsion, circumstances under  which,  at  the
    22  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
    23  conduct, the victim clearly expressed that he or she did not consent  to
    24  engage  in  such  act,  and a reasonable person in the actor's situation
    25  would have understood such person's words and acts as an  expression  of
    26  lack of consent to such act under all the circumstances.
    27    §  2.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02993-04-1
Relates to consent

What's Happening

Why It Matters
