senate Bill S7156

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 Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes

S7156 (ACTIVE) - Details

See Assembly Version of this Bill:
A8733
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.20, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S4401, A502
2021-2022: A4994

S7156 (ACTIVE) - Summary

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

S7156 (ACTIVE) - Sponsor Memo

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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