S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    511
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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 ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 130.20 of the penal law is  renum-
 bered 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 INOPERA-
 BLE.
   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.
                                                            LBD02113-01-5