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Assembly Bill A5519A

2021-2022 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

2021-A5519 - Details

Current Committee:
Assembly Rules
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8634
2023-2024: A1065
2025-2026: A101

2021-A5519 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling his or her conduct and incapable of clearly expressing lack of consent.

2021-A5519 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5519
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, GALEF, OTIS, SIMON -- read once
   and referred to the Committee on Codes
 
 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 SUCH PERSON TEMPORARILY INCA-
 PABLE OF  APPRAISING OR CONTROLLING HIS OR HER CONDUCT AND  SUCH  CONDI-
 TION  IS  KNOWN OR REASONABLY SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S
 SITUATION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A5519A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8634
2023-2024: A1065
2025-2026: A101

2021-A5519A (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling his or her conduct and incapable of clearly expressing lack of consent.

2021-A5519A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5519--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. DINOWITZ, PAULIN, GALEF, OTIS, SIMON, SEAWRIGHT,
   WEPRIN, PERRY -- 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. 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 EXTREME INFLUENCE OF ANY DRUG, INTOXI-
 CANT, OR OTHER SUBSTANCE TO SUCH A DEGREE AS TO RENDER SUCH PERSON INCA-
 PABLE OF CONTROLLING  HIS  OR  HER  CONDUCT  AND  INCAPABLE  OF  CLEARLY
 EXPRESSING  LACK  OF  CONSENT  AND SUCH CONDITION IS KNOWN OR REASONABLY
 SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
   § 2. This act shall take effect immediately.

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