senate Bill S452A

2021-2022 Legislative Session

Prohibits the use of intoxication of the victim as a defense in sex crimes and creates an affirmative defense for such crimes

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Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 referred to codes
delivered to assembly
passed senate
Jun 07, 2021 amended on third reading (t) 452a
Jan 25, 2021 advanced to third reading
Jan 20, 2021 2nd report cal.
Jan 19, 2021 1st report cal.100
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

S452 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S6679

S452 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; creates an affirmative defense where the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such lack of consent.

S452 - Sponsor Memo

S452 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    452
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. BIAGGI, GOUNARDES, JACKSON, LIU, MYRIE, SEPULVEDA --
   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 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.

Co-Sponsors

view additional co-sponsors

S452A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§130.05 & 130.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S6679

S452A (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes; creates an affirmative defense where the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such lack of consent.

S452A (ACTIVE) - Sponsor Memo

S452A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  452--A
     Cal. No. 100
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, BROUK, COMRIE, COONEY, GOUNARDES, HARCKHAM,
   HINCHEY, HOYLMAN, JACKSON, KAVANAGH, LIU, MANNION, MAY, MYRIE, PARKER,
   REICHLIN-MELNICK, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Codes -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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 and creating an affirmative defense for such criminal charges
 
   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
 

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