Assembly Bill A8085

2021-2022 Legislative Session

Relates to consent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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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2021-A8085 (ACTIVE) - Details

See Senate Version of this Bill:
S5733
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A7927, S4358

2021-A8085 (ACTIVE) - Summary

Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.

2021-A8085 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8085
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to consent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  130.05  of the penal law, as
 amended by chapter 1 of the laws of 2000, paragraph (c)  as  amended  by
 chapter  264 of the laws of 2003 and paragraph (d) as amended by chapter
 40 of the laws of 2004, is amended to read as follows:
   2. (A) CONSENT TO SEXUAL CONTACT IS A KNOWING, VOLUNTARY,  AND  MUTUAL
 DECISION  AMONG  ALL  PARTICIPANTS.  CONSENT  CAN  BE  GIVEN BY WORDS OR
 ACTIONS, AS LONG AS THOSE WORDS OR ACTIONS CREATE CLEAR ONGOING  PERMIS-
 SION REGARDING WILLINGNESS TO ENGAGE IN THE SEXUAL ACTIVITY.
   (B) Lack of consent results from:
   [(a)]  (I) Forcible compulsion, DURESS, COERCION, OR VERBAL WITHDRAWAL
 OF PREVIOUSLY GRANTED CONSENT; or
   [(b)] (II) Incapacity to consent, REGARDLESS OF WHETHER  THE  VICTIM'S
 OWN ACTIONS RENDERED HIM OR HER INCAPABLE OF CONSENT; or
   [(c)]  (III)  Where  the  offense  charged is sexual abuse or forcible
 touching, any circumstances, in addition to forcible compulsion or inca-
 pacity to consent, in which the victim does not expressly  or  impliedly
 acquiesce in the actor's conduct; or
   [(d)]  (IV)  Where  the offense charged is 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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