|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
senate Bill S7156
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7156 (ACTIVE) - Details
S7156 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7156 SPONSOR: SAVINO TITLE OF BILL: An act to amend the penal law, in relation to uncon- sented removal or tampering with a sexually protective device PURPOSE: To prohibit the unconsented removal or tampering of a sexually protec- tive device. SUMMARY OF PROVISIONS: Section 1 creates a new subdivision 3 to section 130.20 of the penal code defining acts that would constitute the crime of sexual misconduct. The new subdivision 3 stipulates that during the course of sexual inter- course, oral sexual conduct or anal sexual conduct, a person who, with- out consent from the other party, removes or tampers with the efficacy of a sexually protective device, or intentionally misleads the other person into believing one was being used when one was either not used or inoperable, shall be guilty of sexual misconduct. The section also
S7156 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7156 I N S E N A T E (PREFILED) January 3, 2018 ___________ Introduced by Sen. SAVINO -- 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 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.
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