What's happening
This bill makes it a crime to intentionally remove, tamper with, or mislead about the use of sexually protective devices during sexual activity without consent.
Why it matters
Strengthens sexual consent laws. by explicitly addressing the expectation that protective devices (like condoms or dental dams) will be used, making it a crime to violate that understanding—this recognizes that consent to sex under one set of conditions (with protection) is not consent under another (without).
Addresses a range of deceptive behaviors. , including not just removal (“stealthing”), but also tampering with, or misleading a partner about, protective devices—broadening legal protections beyond just the act of removal.
Protects against both pregnancy and sexually transmitted infections. by defining “sexually protective device” to include condoms, spermicides, diaphragms, dental dams, and more—underscoring public health and personal autonomy interests.
Recognizes the psychological and physical harms. caused by nonconsensual exposure, aiming to deter such acts and provide recourse for survivors, potentially encouraging more people to come forward and report incidents.
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Who cares
People who agree to sex on condition that protection is used
The bill would add criminal liability for intentionally removing or tampering with protection without consent, knowingly using tampered protection without consent, or intentionally misleading a partner about its use.
District attorneys and law enforcement agencies
The bill would add grounds under Penal Law section 130.20 for cases involving agreed-upon protection and its nonconsensual removal, tampering or deceptive use.
Sexual assault survivor advocates
The bill would address violations of agreements to use devices intended to prevent pregnancy or sexually transmitted infections, including condoms, diaphragms and dental dams.
Headline styles
Ban Stealthing During Sex
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
511
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN, CRUZ, ZINERMAN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unconsented removal or tampering with a sexually protective device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 130.20 of the penal law is renumbered subdivision 5 and a new subdivision 4 is added to read as follows:
4. a. Such person engages in sexual intercourse, oral sexual conduct or anal sexual conduct with another person that was mutually agreed upon by the parties involved with the explicit understanding and knowledge that a sexually protective device would be used but (i) intentionally and without consent removes or tampers with such sexually protective device during sexual intercourse, oral sexual conduct or anal sexual conduct, in a manner likely to render such device ineffective for its common purpose; (ii) intentionally and without consent uses a sexually protective device during sexual intercourse, oral sexual conduct or anal sexual conduct that such person knows has been tampered with in a manner likely to render such device ineffective for its common purpose; or (iii) intentionally misleads the other person into believing that a sexually protective device was being used during sexual intercourse, oral sexual conduct or anal sexual conduct, and such sexually protective device was known by such other person to be either not used or inoperable.
b. For the purposes of this subdivision, a "sexually protective device" shall mean any one of the following intended to prevent pregnancy or sexually transmitted infection: male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or another physical device; or
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02113-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.