Assembly Bill A1313C

2019-2020 Legislative Session

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2020	advanced to third reading cal.459
Mar 03, 2020	reported
Feb 27, 2020	print number 1313c
Feb 27, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Jun 11, 2019	reported referred to rules
Jun 05, 2019	print number 1313b
Jun 05, 2019	amend and recommit to codes
May 30, 2019	reported referred to codes
May 21, 2019	print number 1313a
May 21, 2019	amend and recommit to judiciary
Jan 14, 2019	referred to judiciary

Bill Amendments

Original

C (Active)

co-Sponsors

multi-Sponsors

2019-A1313 - Details

See Senate Version of this Bill:: S4400
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032
2025-2026: A1711, S4322

2019-A1313 - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2019-A1313 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1313
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY, CROUCH, DINOWITZ --
   Multi-Sponsored by -- M. of  A.  D'URSO,  SOLAGES  --  read  once  and
   referred to the Committee on Judiciary
 
 AN  ACT to amend the civil rights law, in relation to creating a private
   right of action for 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. The civil rights law is amended by  adding  a  new  section
 52-b to read as follows:
   §  52-B.  PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL OR TAMPERING
 WITH A SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED  IN  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS DEFINED IN
 SECTION 130.00 OF THE PENAL LAW, 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  TO  HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST  SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A)  THE  OTHER  PERSON  INTENTIONALLY  AND WITHOUT CONSENT REMOVED OR
 TAMPERED WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL  INTER-
 COURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A MANNER LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL SEXUAL CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN  TAMPERED  WITH
 IN  A  MANNER  LIKELY  TO  RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON
 PURPOSE; OR
   (C) THE OTHER PERSON INTENTIONALLY MISLED THE  PERSON  INTO  BELIEVING
 THAT  A  SEXUALLY  PROTECTIVE DEVICE WAS BEING USED BY SUCH OTHER PERSON
 DURING SUCH SEXUAL INTERCOURSE,  ORAL  SEXUAL  CONDUCT  OR  ANAL  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01747-01-9

 A. 1313                             2
 
 CONDUCT,  AND  SUCH  SEXUALLY  PROTECTIVE DEVICE WAS KNOWN BY SUCH OTHER
 PERSON TO BE EITHER NOT USED OR INOPERABLE.
   2.  PAST  CONSENT  TO  SEXUAL  ACTIVITY  WITHOUT THE USE OF A SEXUALLY
 PROTECTIVE DEVICE SHALL NOT ALONE CONSTITUTE CONSENT TO SEXUAL  ACTIVITY
 WITHOUT THE USE OF A SEXUALLY PROTECTIVE DEVICE AT ANY FUTURE TIME.
   3.  ANY  CLAIM  MADE  PURSUANT  TO THIS SECTION MUST MEET THE PLEADING
 REQUIREMENTS OF SUBDIVISION (B) OF RULE THREE THOUSAND  SIXTEEN  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   4.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES.  IN ADDITION THERETO, THE  TRIER  OF  FACT
 MAY  AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE.
   5. NOTHING IN THIS SECTION SHALL BE DEEMED TO  ABROGATE  OR  OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL OR STATE LAW.
   6. FOR PURPOSES OF THIS SECTION, THE TERM "SEXUALLY PROTECTIVE DEVICE"
 SHALL  MEAN  ANY  ONE  OF THE FOLLOWING INTENDED TO PREVENT PREGNANCY OR
 SEXUALLY TRANSMITTED  INFECTION:  MALE  OR  FEMALE  CONDOM,  SPERMICIDE,
 DIAPHRAGM,  CERVICAL  CAP,  CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANOTHER
 PHYSICAL DEVICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A1313A - Details

See Senate Version of this Bill:: S4400
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032
2025-2026: A1711, S4322

2019-A1313A - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2019-A1313A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY, CROUCH, DINOWITZ --
   Multi-Sponsored by -- M. of  A.  D'URSO,  SOLAGES  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the civil rights law, in relation to creating a private
   right of action for 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. The civil rights law is amended by  adding  a  new  section
 52-b to read as follows:
   §  52-B.  PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL OR TAMPERING
 WITH A SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED  IN  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS DEFINED IN
 SECTION 130.00 OF THE PENAL LAW, 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  TO  HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST  SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A)  THE  OTHER  PERSON  INTENTIONALLY  AND WITHOUT CONSENT REMOVED OR
 TAMPERED WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL  INTER-
 COURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A MANNER LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL SEXUAL CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN  TAMPERED  WITH
 IN  A  MANNER  LIKELY  TO  RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON
 PURPOSE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-02-9

 A. 1313--A                          2
 
   (C) THE OTHER PERSON INTENTIONALLY MISLED THE  PERSON  INTO  BELIEVING
 THAT  A  SEXUALLY  PROTECTIVE DEVICE WAS BEING USED BY SUCH OTHER PERSON
 DURING SUCH 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.
   2.  PAST  CONSENT  TO  SEXUAL  ACTIVITY  WITHOUT THE USE OF A SEXUALLY
 PROTECTIVE DEVICE SHALL NOT ALONE CONSTITUTE CONSENT TO SEXUAL  ACTIVITY
 WITHOUT THE USE OF A SEXUALLY PROTECTIVE DEVICE AT ANY FUTURE TIME.
   3.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES.  IN ADDITION THERETO, THE  TRIER  OF  FACT
 MAY  AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER  THE  EMOTIONAL
 IMPACT  OF  THE  DEFENDANT'S  CONDUCT, INCLUDING BUT NOT LIMITED TO, THE
 RISK OF SEXUALLY TRANSMITTED DISEASES, AND  THE  RISK  OF  NONCONSENSUAL
 PREGNANCY.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL OR STATE LAW.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "SEXUALLY PROTECTIVE DEVICE"
 SHALL MEAN ANY ONE OF THE FOLLOWING INTENDED  TO  PREVENT  PREGNANCY  OR
 SEXUALLY  TRANSMITTED  INFECTION:  MALE  OR  FEMALE  CONDOM, SPERMICIDE,
 DIAPHRAGM, CERVICAL CAP, CONTRACEPTIVE SPONGE, DENTAL  DAM,  OR  ANOTHER
 PHYSICAL DEVICE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall apply to acts occurring on  or  after  such
 date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A1313B - Details

See Senate Version of this Bill:: S4400
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032
2025-2026: A1711, S4322

2019-A1313B - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2019-A1313B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY,  CROUCH,  DINOWITZ,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO,  SOLAGES  --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the Committee  on  Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the civil rights law, in relation to creating a  private
   right  of  action for 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.  The  civil  rights law is amended by adding a new section
 52-b to read as follows:
   § 52-B. PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL  OR  TAMPERING
 WITH  A  SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED IN SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS  DEFINED  IN
 SECTION  130.00  OF THE PENAL LAW, 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 TO HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION  SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A) THE OTHER PERSON INTENTIONALLY  AND  WITHOUT  CONSENT  REMOVED  OR
 TAMPERED  WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL INTER-
 COURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A  MANNER  LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL  SEXUAL  CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN TAMPERED WITH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-04-9

 A. 1313--B                          2
 
 IN A MANNER LIKELY TO RENDER SUCH  DEVICE  INEFFECTIVE  FOR  ITS  COMMON
 PURPOSE; OR
   (C)  THE  OTHER  PERSON INTENTIONALLY MISLED THE PERSON INTO BELIEVING
 THAT A SEXUALLY PROTECTIVE DEVICE WAS BEING USED BY  SUCH  OTHER  PERSON
 DURING  SUCH  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.
   2.  PAST  CONSENT  TO  SEXUAL  ACTIVITY  WITHOUT THE USE OF A SEXUALLY
 PROTECTIVE DEVICE SHALL NOT ALONE CONSTITUTE CONSENT TO SEXUAL  ACTIVITY
 WITHOUT THE USE OF A SEXUALLY PROTECTIVE DEVICE AT ANY FUTURE TIME.
   3.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES.  IN ADDITION THERETO, THE  TRIER  OF  FACT
 MAY  AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER  THE  EMOTIONAL
 IMPACT  OF  THE  DEFENDANT'S  CONDUCT, INCLUDING BUT NOT LIMITED TO, THE
 RISK OF SEXUALLY TRANSMITTED DISEASES, AND  THE  RISK  OF  NONCONSENSUAL
 PREGNANCY.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL  OR  STATE  LAW
 INCLUDING  BUT  NOT  LIMITED  TO,  ANY  RIGHT OR REMEDY RELATED TO CHILD
 SUPPORT, NOR SHALL ANY AWARD UNDER THIS SECTION BE USED TO OFFSET  CHILD
 SUPPORT OBLIGATIONS THAT MAY ARISE IN CONNECTION WITH THIS SECTION.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "SEXUALLY PROTECTIVE DEVICE"
 SHALL  MEAN  ANY  ONE  OF THE FOLLOWING INTENDED TO PREVENT PREGNANCY OR
 SEXUALLY TRANSMITTED  INFECTION:  MALE  OR  FEMALE  CONDOM,  SPERMICIDE,
 DIAPHRAGM,  CERVICAL  CAP,  CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANOTHER
 PHYSICAL DEVICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A1313C (ACTIVE) - Details

See Senate Version of this Bill:: S4400
Law Section:: Civil Rights Law
Laws Affected:: Add §52-c, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8734, S7157
2021-2022: A665, S5768
2023-2024: A157, S4032
2025-2026: A1711, S4322

2019-A1313C (ACTIVE) - Summary

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

2019-A1313C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1313--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  MOSLEY,  CROUCH,  DINOWITZ,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. D'URSO,  SOLAGES  --  read
   once   and  referred  to  the  Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- reported and referred to the Committee  on  Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil rights law, in relation to creating a  private
   right  of  action for 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.  The  civil  rights law is amended by adding a new section
 52-c to read as follows:
   § 52-C. PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL  OR  TAMPERING
 WITH  A  SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED IN SEXUAL
 INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS  DEFINED  IN
 SECTION  130.00  OF THE PENAL LAW, 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 TO HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION  SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A) THE OTHER PERSON INTENTIONALLY  AND  WITHOUT  CONSENT  REMOVED  OR
 TAMPERED  WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL INTER-
 COURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A  MANNER  LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01747-06-0

 A. 1313--C                          2
 
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL  SEXUAL  CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN TAMPERED WITH
 IN A MANNER LIKELY TO RENDER SUCH  DEVICE  INEFFECTIVE  FOR  ITS  COMMON
 PURPOSE; OR
   (C)  THE  OTHER  PERSON INTENTIONALLY MISLED THE PERSON INTO BELIEVING
 THAT A SEXUALLY PROTECTIVE DEVICE WAS BEING USED BY  SUCH  OTHER  PERSON
 DURING  SUCH  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.
   2.  PAST  CONSENT  TO  SEXUAL  ACTIVITY  WITHOUT THE USE OF A SEXUALLY
 PROTECTIVE DEVICE SHALL NOT ALONE CONSTITUTE CONSENT TO SEXUAL  ACTIVITY
 WITHOUT THE USE OF A SEXUALLY PROTECTIVE DEVICE AT ANY FUTURE TIME.
   3.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES.  IN ADDITION THERETO, THE  TRIER  OF  FACT
 MAY  AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER  THE  EMOTIONAL
 IMPACT  OF  THE  DEFENDANT'S  CONDUCT, INCLUDING BUT NOT LIMITED TO, THE
 RISK OF SEXUALLY TRANSMITTED DISEASES, AND  THE  RISK  OF  NONCONSENSUAL
 PREGNANCY.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL  OR  STATE  LAW
 INCLUDING  BUT  NOT  LIMITED  TO,  ANY  RIGHT OR REMEDY RELATED TO CHILD
 SUPPORT, NOR SHALL ANY AWARD UNDER THIS SECTION BE USED TO OFFSET  CHILD
 SUPPORT OBLIGATIONS THAT MAY ARISE IN CONNECTION WITH THIS SECTION.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "SEXUALLY PROTECTIVE DEVICE"
 SHALL  MEAN  ANY  ONE  OF THE FOLLOWING INTENDED TO PREVENT PREGNANCY OR
 SEXUALLY TRANSMITTED  INFECTION:  MALE  OR  FEMALE  CONDOM,  SPERMICIDE,
 DIAPHRAGM,  CERVICAL  CAP,  CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANOTHER
 PHYSICAL DEVICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.

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Assembly Bill A1313C

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A1313 - Details

2019-A1313 - Summary

2019-A1313 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A1313A - Details

2019-A1313A - Summary

2019-A1313A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A1313B - Details

2019-A1313B - Summary

2019-A1313B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A1313C (ACTIVE) - Details

2019-A1313C (ACTIVE) - Summary

2019-A1313C (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

PAULIN

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Sandy Galef

Walter T. Mosley

Clifford Crouch

Jeffrey Dinowitz

multi-Sponsors

Anthony D'Urso

Michaelle C. Solages

2019-A1313 - Details

2019-A1313 - Summary

2019-A1313 - Bill Text download pdf

co-Sponsors

Sandy Galef

Walter T. Mosley

Clifford Crouch

Jeffrey Dinowitz

multi-Sponsors

Anthony D'Urso

Michaelle C. Solages

2019-A1313A - Details

2019-A1313A - Summary

2019-A1313A - Bill Text download pdf

co-Sponsors

Sandy Galef

Walter T. Mosley

Clifford Crouch

Jeffrey Dinowitz

multi-Sponsors

Anthony D'Urso

Michaelle C. Solages

2019-A1313B - Details

2019-A1313B - Summary

2019-A1313B - Bill Text download pdf

co-Sponsors

Sandy Galef

Walter T. Mosley

Clifford Crouch

Jeffrey Dinowitz

multi-Sponsors

Anthony D'Urso

Michaelle C. Solages

2019-A1313C (ACTIVE) - Details

2019-A1313C (ACTIVE) - Summary

2019-A1313C (ACTIVE) - Bill Text download pdf

Comments