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Assembly Bill A8634B

2019-2020 Legislative Session

Prohibits the use of intoxication of the victim as a defense in sex crimes

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A8634 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5519
2023-2024: A1065
2025-2026: A101

2019-A8634 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-A8634 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8634
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the penal law, in relation to prohibiting the use of
   evidence of a voluntarily intoxicated victim in  any  criminal  charge
   for sex crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 15.05 of the penal law is  amended
 to read as follows:
   3.  "Recklessly." A person acts recklessly with respect to a result or
 to a circumstance described by a statute defining an offense  when  [he]
 SUCH  PERSON  is  aware  of and consciously disregards a substantial and
 unjustifiable risk that such result will occur or that such circumstance
 exists. The risk must be of such nature and degree that disregard there-
 of constitutes a gross deviation from the standard  of  conduct  that  a
 reasonable  person would observe in the situation.  A person who creates
 such a risk but is unaware thereof solely by reason of voluntary intoxi-
 cation also acts recklessly with  respect  thereto;  PROVIDED,  HOWEVER,
 THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
 ARTICLE  ONE HUNDRED THIRTY OF THIS CHAPTER. VOLUNTARY INTOXICATION OF A
 VICTIM MAY NOT BE OFFERED AS EVIDENCE FOR  A  DEFENSE  TO  ANY  CRIMINAL
 CHARGE OF ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 2. Section 15.25 of the penal law is amended to read as follows:
 § 15.25 Effect of intoxication upon liability.
   Intoxication  is  not, as such, a defense to a criminal charge; but in
 any prosecution for an offense, evidence of intoxication of the  defend-
 ant  may be offered by the defendant whenever it is relevant to negative
 an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
 A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE  HUNDRED
 THIRTY  OF  THIS  CHAPTER.  VOLUNTARY INTOXICATION MAY NOT BE OFFERED AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13702-04-9

co-Sponsors

2019-A8634A - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5519
2023-2024: A1065
2025-2026: A101

2019-A8634A - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-A8634A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8634--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN -- read once 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 penal law, in relation to prohibiting the use of the
   intoxication of a victim as a defense to a  criminal  charge  for  sex
   crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 15.05 of the penal law is  amended
 to read as follows:
   3.  "Recklessly." A person acts recklessly with respect to a result or
 to a circumstance described by a statute defining an offense  when  [he]
 SUCH  PERSON  is  aware  of and consciously disregards a substantial and
 unjustifiable risk that such result will occur or that such circumstance
 exists. The risk must be of such nature and degree that disregard there-
 of constitutes a gross deviation from the standard  of  conduct  that  a
 reasonable  person would observe in the situation.  A person who creates
 such a risk but is unaware thereof solely by reason of voluntary intoxi-
 cation also acts recklessly with  respect  thereto;  PROVIDED,  HOWEVER,
 THAT INTOXICATION OF A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF
 ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER.
   § 2. Section 15.25 of the penal law is amended to read as follows:
 § 15.25 Effect of intoxication upon liability.
   Intoxication  is  not, as such, a defense to a criminal charge; but in
 any prosecution for an offense, evidence of intoxication of the  defend-
 ant  may be offered by the defendant whenever it is relevant to negative
 an element of the crime charged; PROVIDED, HOWEVER, THAT INTOXICATION OF
 A VICTIM IS NOT A DEFENSE TO ANY CRIMINAL CHARGE OF ARTICLE ONE  HUNDRED
 THIRTY OF THIS CHAPTER.
   §  3.  Subdivision  6 of section 130.00 of the penal law is amended to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A8634B - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5519
2023-2024: A1065
2025-2026: A101

2019-A8634B - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-A8634B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8634--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, GALEF -- read once and referred
   to  the  Committee  on  Codes  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the penal law, in relation to prohibiting the use of the
   intoxication of a victim as a defense to a  criminal  charge  for  sex
   crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 2 of  section  130.05  of  the
 penal  law, as amended by chapter 40 of the laws of 2004, is amended and
 a new paragraph (e) is added to read as follows:
   (d) Where the offense charged  is  SEXUAL  MISCONDUCT  AS  DEFINED  IN
 SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, rape in the third degree as
 defined in subdivision three of section 130.25, or criminal  sexual  act
 in  the  third degree as defined in subdivision three of section 130.40,
 in addition to forcible compulsion, circumstances under  which,  at  the
 time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
 conduct, the victim clearly expressed that he or she did not consent  to
 engage  in  such  act,  and a reasonable person in the actor's situation
 would have understood such person's words and acts as an  expression  of
 lack of consent to such act under all the circumstances[.]; OR
   (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE  AS
 DEFINED  IN  SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT
 IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF  SECTION  130.40,
 IN  ADDITION  TO  FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE
 TIME OF THE ACT OF INTERCOURSE,  ORAL  SEXUAL  CONDUCT  OR  ANAL  SEXUAL
 CONDUCT,  THE  VICTIM IS UNDER THE INFLUENCE OF ANY DRUG, INTOXICANT, OR
 OTHER SUBSTANCE TO A DEGREE  WHICH  RENDERS  THAT  PERSON  INCAPABLE  OF
 GIVING CONSENT AND THAT CONDITION IS KNOWN OR REASONABLY SHOULD BE KNOWN
 TO A PERSON IN THE ACTOR'S SITUATION.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-A8634C (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5519
2023-2024: A1065
2025-2026: A101

2019-A8634C (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.

2019-A8634C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8634--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, PAULIN, GALEF, OTIS -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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 penal law, in relation to prohibiting the use of the
   intoxication of a victim as a defense to a  criminal  charge  for  sex
   crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 2 of  section  130.05  of  the
 penal  law, as amended by chapter 40 of the laws of 2004, is amended and
 a new paragraph (e) is added to read as follows:
   (d) Where the offense charged  is  SEXUAL  MISCONDUCT  AS  DEFINED  IN
 SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, rape in the third degree as
 defined in subdivision three of section 130.25, or criminal  sexual  act
 in  the  third degree as defined in subdivision three of section 130.40,
 in addition to forcible compulsion, circumstances under  which,  at  the
 time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
 conduct, the victim clearly expressed that he or she did not consent  to
 engage  in  such  act,  and a reasonable person in the actor's situation
 would have understood such person's words and acts as an  expression  of
 lack of consent to such act under all the circumstances[.]; OR
   (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE  AS
 DEFINED  IN  SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL SEXUAL ACT
 IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF  SECTION  130.40,
 IN  ADDITION  TO  FORCIBLE COMPULSION, CIRCUMSTANCES UNDER WHICH, AT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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