S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4994
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, GALEF, CRUZ -- Multi-Sponsored by -- M.
   of A. 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.
                                                            LBD02023-01-1