The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6412
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to mandating education in
   consent in schools with a sex education curriculum
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 817 to
 read as follows:
   §  817. CONSENT EDUCATION. 1. THE COMMISSIONER SHALL CREATE AND ESTAB-
 LISH A COMPREHENSIVE, AGE-APPROPRIATE SEXUAL CONSENT  EDUCATION  CURRIC-
 ULUM  WHICH  SHALL  BE TAUGHT IN GRADES SIX THROUGH TWELVE IN ALL PUBLIC
 AND CHARTER SCHOOLS THAT CURRENTLY TEACH  A  SEX  EDUCATION  CURRICULUM.
 SUCH CONSENT EDUCATION CURRICULUM SHALL INCLUDE THAT A PERSON:
   (A)  CONSENTS TO SEXUAL ACTIVITY BY PROVIDING A FREELY GIVEN AGREEMENT
 TO SUCH ACTIVITY;
   (B) WHO CONSENTS TO ONE PARTICULAR SEXUAL ACTIVITY  DOES  NOT  PROVIDE
 CONSENT TO OTHER TYPES OF SEXUAL ACTIVITIES;
   (C)  DOES NOT PROVIDE CONSENT BY FAILING TO EXPRESS VERBAL OR PHYSICAL
 RESISTANCE TO SEXUAL ADVANCES;
   (D) DOES NOT CONSENT TO SEXUAL ACTIVITY BY DRESSING IN ANY MANNER;
   (E) WHO HAS CONSENTED TO PAST SEXUAL ACTIVITY HAS NOT PROVIDED CONSENT
 TO FUTURE SEXUAL ACTIVITY;
   (F) CAN WITHDRAW CONSENT AT ANY TIME; AND
   (G) CANNOT CONSENT TO SEXUAL ACTIVITY IF  THAT  PERSON  IS  UNABLE  TO
 UNDERSTAND  THE  NATURE  OF  THE ACTIVITY OR GIVE KNOWING CONSENT DUE TO
 CERTAIN CIRCUMSTANCES THAT INCLUDE, BUT ARE  NOT  LIMITED  TO:  (I)  THE
 PERSON IS INCAPACITATED DUE TO THE USE OR INFLUENCE OF ALCOHOL OR DRUGS,
 (II)  THE  PERSON IS ASLEEP OR UNCONSCIOUS, (III) THE PERSON IS A MINOR,
 OR (IV) THE PERSON IS INCAPACITATED DUE TO A MENTAL DISABILITY.
   2. THE EDUCATION CURRICULUM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION SHALL BE MADE AVAILABLE TO ALL PUBLIC AND  CHARTER  SCHOOLS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10257-01-1

 A. 6412                             2
 
 THAT CURRENTLY TEACH A SEX EDUCATION CURRICULUM WITHIN SIX MONTHS OF THE
 EFFECTIVE  DATE OF THIS SECTION, AND EACH SCHOOL SHALL DEVELOP A PLAN TO
 INCORPORATE SUCH CURRICULUM WITHIN ONE YEAR OF  THE  EFFECTIVE  DATE  OF
 THIS SECTION.
   § 2. This act shall take effect immediately.