assembly Bill A8733

2017-2018 Legislative Session

Relates to unconsented removal or tampering with a sexually protective device

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Oct 20, 2017 referred to codes

Co-Sponsors

Multi-Sponsors

A8733 (ACTIVE) - Details

See Senate Version of this Bill:
S7156
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.20, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A502, S4401
2021-2022: A4994

A8733 (ACTIVE) - Summary

Relates to unconsented removal or tampering with a sexually protective device.

A8733 (ACTIVE) - Bill Text download pdf


                    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.