S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8733
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, MOSLEY, CROUCH -- Multi-Sponsored
   by -- M. of A.   D'URSO, SOLAGES -- 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  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 130.20 of the penal law is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3. A. HE OR SHE 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  PROTEC-
 TIVE DEVICE DURING SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXU-
 AL CONDUCT THAT HE OR SHE KNOWS HAS BEEN TAMPERED WITH IN A MANNER LIKE-
 LY  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 PREGNAN-
 CY 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 succeed-
 ing 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.
              

                                                            LBD13477-01-7