What's happening
This bill redefines "physically helpless" in New York penal law to require affirmative consent for sexual activity.
Why it matters
Raises the legal standard for consent. By requiring "affirmative consent" (clear, knowing, voluntary, and mutual agreement to sexual activity), the bill moves NY law beyond the absence of "no" to the presence of a clear "yes," fundamentally shifting how consent is interpreted in sexual assault cases.
Strengthens protections for vulnerable individuals. The new definition closes loopholes that previously allowed ambiguity when someone was physically unable to communicate unwillingness. Now, unless there is affirmative consent, a person is considered "physically helpless" and thus legally unable to consent.
Impacts prosecution of sexual offenses. Prosecutors may have an easier time bringing charges in cases where a victim could not actively communicate, as the law no longer requires evidence of expressed "unwillingness," but instead requires proof of affirmative consent.
Could influence campus, workplace, and public policy. By aligning legal standards with many college and institutional affirmative consent policies, the amendment may encourage broader adoption of "affirmative consent" as a social norm and influence how organizations educate about and handle sexual misconduct.
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Who cares
Headline styles
Redefine Physically Helpless Consent
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.203
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.359
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
866
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. BAILEY, ADDABBO, HELMING, HINCHEY, HOYLMAN-SIGAL, KRUEGER, PARKER, ROLISON, SERRANO, WEBB -- 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 Assembly, do enact as follows:
Section 1. Subdivision 7 of section 130.00 of the penal law is amended to read as follows:
7. "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate [unwillingness] affirmative consent to an act. Such affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02023-01-5
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 re-defining physically helpless
Purpose or general idea of bill
To amend the penal law in relation to redefining the definition of phys- ical helplessness.
Summary of specific provisions
The bill amends the relevant provision of penal law section 130.00 to define "physically helpless" as someone who is either unconscious or unable to physically unable to communicate affirmative consent. The new bill deletes "unwillingness" from the definition of "physically help- less" and adds "affirmative consent," along with a definition of the new term.
Justification
The present statute is drafted as a double negative and seems to place the burden on the victim to say "no". While that perspective may have reflected the consensus of the community at that time, it does not comport with it today. Over the past several years, concerns regarding "date rape" and alleged underreporting of unwanted sexual contact on college campuses and in the military have resulted in a changed perspec- tive on the issue. In cases involving sexual assault with unconscious individuals or others who are physically unable to communicate consent by words or actions, the time is now to move from a "no means no" stand- ard to only "yes means yes."
Prior legislative history
2021-22: Passed Senate
2023-24: Passed Senate
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.