Relates to establishing lack of consent for sex offenses where a person intentionally removes or damages a sexually protective device without permission; establishes that there is a lack of consent for sexual offenses where a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device is used, and that other person intentionally removes or damages the sexually protective device without permission; defines sexually protective device.
S T A T E O F N E W Y O R K
________________________________________________________________________
8069
2017-2018 Regular Sessions
I N A S S E M B L Y
May 25, 2017
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing lack of
consent for sex offenses where a person intentionally removes or
damages a sexually protective device without permission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the
penal law, as amended by chapter 40 of the laws of 2004, is amended and
a new paragraph (e) is added to read as follows:
(d) 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 addi-
tion 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[.];OR
(E) WHERE A PERSON FREELY AGREES TO HAVE SEXUAL INTERCOURSE OR SEXUAL
CONTACT WITH ANOTHER PERSON ON THE CONDITION THAT A SEXUALLY PROTECTIVE
DEVICE IS USED, AND THAT OTHER PERSON INTENTIONALLY REMOVES OR DAMAGES
THE SEXUALLY PROTECTIVE DEVICE WITHOUT PERMISSION BEFORE OR DURING SEXU-
AL INTERCOURSE OR SEXUAL CONTACT. FOR THE PURPOSES OF THIS PARAGRAPH,
"SEXUALLY PROTECTIVE DEVICE" MEANS A MALE OR FEMALE CONDOM, SPERMICIDE,
DIAPHRAGM, CERVICAL CAP, CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANY OTHER
PHYSICAL DEVICE INTENDED TO PREVENT PREGNANCY OR SEXUALLY TRANSMITTED
INFECTION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11885-01-7
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