Senate Bill S4358

2023-2024 Legislative Session

Relates to consent

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4358 (ACTIVE) - Details

See Assembly Version of this Bill:
A7927
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S5733, A8085

2023-S4358 (ACTIVE) - Summary

Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.

2023-S4358 (ACTIVE) - Sponsor Memo

2023-S4358 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4358
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 consent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  130.05  of  the  penal  law,  as
 amended  by  chapter  1 of the laws of 2000, paragraph (c) as amended by
 chapter 264 of the laws of 2003 and paragraph (d) as amended by  chapter
 40 of the laws of 2004, is amended to read as follows:
   2.  (A)  CONSENT TO SEXUAL CONTACT IS A KNOWING, VOLUNTARY, AND MUTUAL
 DECISION AMONG ALL PARTICIPANTS.  CONSENT  CAN  BE  GIVEN  BY  WORDS  OR
 ACTIONS,  AS LONG AS THOSE WORDS OR ACTIONS CREATE CLEAR ONGOING PERMIS-
 SION REGARDING WILLINGNESS TO ENGAGE IN THE SEXUAL ACTIVITY.
   (B) Lack of consent results from:
   [(a)] (I) Forcible compulsion, DURESS, COERCION, OR VERBAL  WITHDRAWAL
 OF PREVIOUSLY GRANTED CONSENT; or
   [(b)]  (II)  Incapacity to consent, REGARDLESS OF WHETHER THE VICTIM'S
 OWN ACTIONS RENDERED HIM OR HER INCAPABLE OF CONSENT; or
   [(c)] (III) Where the offense charged  is  sexual  abuse  or  forcible
 touching, any circumstances, in addition to forcible compulsion or inca-
 pacity  to  consent, in which the victim does not expressly or impliedly
 acquiesce in the actor's conduct; or
   [(d)] (IV) Where the offense charged is rape in the  third  degree  as
 defined  in  subdivision three of section 130.25, or criminal sexual act
 in the third degree as defined in subdivision three of  section  130.40,
 in  addition  to  forcible compulsion, circumstances under which, at the
 time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
 conduct,  the victim clearly expressed that he or she did not consent to
 engage in such act, and a reasonable person  in  the  actor's  situation
 would  have  understood such person's words and acts as an expression of
 lack of consent to such act under all the circumstances.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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