S T A T E O F N E W Y O R K
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8898
I N A S S E M B L Y
January 5, 2018
___________
Introduced by M. of A. SIMON, L. ROSENTHAL, D'URSO -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to re-defining physically
helpless
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 130.00 of the penal law is
amended to read as follows:
7. "Physically helpless" means that a person is unconscious or for any
other reason is physically unable to communicate [unwillingness] AFFIR-
MATIVE CONSENT to an act. SUCH AFFIRMATIVE CONSENT IS A KNOWING, VOLUN-
TARY, AND MUTUAL DECISION AMONG ALL PARTICIPANTS TO ENGAGE IN SEXUAL
ACTIVITY. CONSENT CAN BE GIVEN BY WORDS OR ACTIONS, AS LONG AS THOSE
WORDS OR ACTIONS CREATE CLEAR PERMISSION REGARDING WILLINGNESS TO ENGAGE
IN THE SEXUAL ACTIVITY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13924-02-7