 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5265
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by  M.  of A. SIMON, LUCAS, DAVILA, SHIMSKY, SANTABARBARA --
          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  23 of the laws of 2024, 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; or
    13    [(c)] (iii) Where the offense charged  is  sexual  abuse  or  forcible
    14  touching, any circumstances, in addition to forcible compulsion or inca-
    15  pacity  to  consent, in which the victim does not expressly or impliedly
    16  acquiesce in the actor's conduct; or
    17    [(d)] (iv) Where the offense charged is rape in the  third  degree  as
    18  defined  in  subdivision  seven,  eight  or nine of section 130.25, or a
    19  crime formerly defined in subdivision three of section 130.40, in  addi-
    20  tion  to  forcible compulsion, circumstances under which, at the time of
    21  the act of vaginal sexual contact, oral sexual contact  or  anal  sexual
    22  contact,  the  victim clearly expressed that [he or she] such victim did
    23  not consent to engage in such  act,  and  a  reasonable  person  in  the
    24  actor's  situation would have understood such person's words and acts as
    25  an expression of lack of consent to  such  act  under  all  the  circum-
    26  stances.
    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.
                                                                   LBD06496-02-5
Relates to consent

What's Happening

Why It Matters
