| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 05, 2022 |
referred to codes |
| May 03, 2021 |
print number 5733a |
| May 03, 2021 |
amend and recommit to codes |
| Mar 17, 2021 |
referred to codes |
Senate Bill S5733A
2021-2022 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2021-S5733 - Details
2021-S5733 - Sponsor Memo
BILL NUMBER: S5733
SPONSOR: BIAGGI
TITLE OF BILL:
An act to amend the penal law, in relation to consent
PURPOSE OR GENERAL IDEA OF BILL:
To add an affirmative definition of consent to the penal code.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Penal Law to define consent to sexual contact as 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 permission regarding willingness to engage in the sexual
activity.
Section 2 sets forth the effective date.
2021-S5733 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5733
2021-2022 Regular Sessions
I N S E N A T E
March 17, 2021
___________
Introduced by Sen. BIAGGI -- 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 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 PERMISSION
REGARDING WILLINGNESS TO ENGAGE IN THE SEXUAL ACTIVITY.
(B) Lack of consent results from:
[(a)] (I) Forcible compulsion; 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(D) 26th Senate District
2021-S5733A (ACTIVE) - Details
2021-S5733A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5733A
SPONSOR: BIAGGI
TITLE OF BILL:
An act to amend the penal law, in relation to consent
PURPOSE OR GENERAL IDEA OF BILL:
To add an affirmative definition of consent to the penal code.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Penal Law to define consent to sexual contact as 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 permission regarding willingness to engage in the
sexual activity.
Section 2 sets forth the effective date.
2021-S5733A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5733--A
2021-2022 Regular Sessions
I N S E N A T E
March 17, 2021
___________
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when
printed to be committed 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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