 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1092
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2023
                                       ___________
 
        Introduced by Sens. BAILEY, ADDABBO, HELMING, HINCHEY, HOYLMAN, KRUEGER,
          PARKER, SERRANO -- 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  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Subdivision  7  of  section  130.00 of the penal law is
     2  amended to read as follows:
     3    7. "Physically helpless" means that a person is unconscious or for any
     4  other reason is physically unable to communicate [unwillingness]  affir-
     5  mative  consent to an act. Such affirmative consent is a knowing, volun-
     6  tary, and mutual decision among all participants  to  engage  in  sexual
     7  activity.  Consent  can  be  given by words or actions, as long as those
     8  words or actions create clear permission regarding willingness to engage
     9  in the sexual activity.
    10    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03277-01-3
Re-defines the term physically helpless

What's Happening

Why It Matters
