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Assembly Bill A1065A

2023-2024 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

2023-A1065 - Details

See Senate Version of this Bill:
S4555
Current Committee:
Assembly Rules
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8634, S6679
2021-2022: A5519, S452
2025-2026: A101, S54

2023-A1065 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

2023-A1065 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1065
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN,
   SEPTIMO,  HEVESI,  D. ROSENTHAL,  DARLING, L. ROSENTHAL, RA, DAVILA --
   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  THAT  PERSON  INCAPABLE  OF
 GIVING CONSENT AND THAT CONDITION 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
                       [ ] is old law to be omitted.

co-Sponsors

2023-A1065A (ACTIVE) - Details

See Senate Version of this Bill:
S4555
Current Committee:
Assembly Rules
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8634, S6679
2021-2022: A5519, S452
2025-2026: A101, S54

2023-A1065A (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

2023-A1065A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1065--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, OTIS, SIMON, SEAWRIGHT, WEPRIN,
   SEPTIMO, HEVESI, DARLING, L. ROSENTHAL, RA, DAVILA, LEE, STIRPE, McDO-
   NALD,  BORES,  LAVINE  --  read  once and referred to the Committee on
   Codes -- recommitted to the Committee  on  Codes  in  accordance  with
   Assembly Rule 3, sec. 2 -- 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 23 of the laws of 2024, 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, TWO AND THREE OF SECTION 130.20,  rape  in  the  third
 degree as defined in subdivision seven, eight or nine of section 130.25,
 or  a  crime  formerly defined in subdivision three of section 130.40 OF
 THIS ARTICLE, in addition to forcible  compulsion,  circumstances  under
 which,  at  the  time  of the act of vaginal sexual contact, oral sexual
 contact or anal sexual contact, 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  circum-
 stances[.]; OR
   (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  RAPE  IN  THE  THIRD
 DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25,
 OR  A  CRIME  FORMERLY DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF
 THIS ARTICLE, IN ADDITION TO FORCIBLE  COMPULSION,  CIRCUMSTANCES  UNDER
 WHICH,  AT  THE  TIME OF THE ACT OF  VAGINAL SEXUAL CONTACT, ORAL SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01032-08-4

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