Senate Bill S4555B

2023-2024 Legislative Session

Prohibits the use of intoxication of the victim as a defense in sex crimes

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Current Bill Status - On Floor Calendar

  • 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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Bill Amendments

2023-S4555 - Details

See Assembly Version of this Bill:
A1065
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6679, A8634
2021-2022: S452, A5519

2023-S4555 - 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-S4555 - Sponsor Memo

2023-S4555 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4555
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01032-03-3

2023-S4555A - Details

See Assembly Version of this Bill:
A1065
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6679, A8634
2021-2022: S452, A5519

2023-S4555A - 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-S4555A - Sponsor Memo

2023-S4555A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4555--A
     Cal. No. 473
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Codes -- reported favora-
   bly 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
 
   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.

co-Sponsors

2023-S4555B (ACTIVE) - Details

See Assembly Version of this Bill:
A1065
Law Section:
Penal Law
Laws Affected:
Amd §130.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6679, A8634
2021-2022: S452, A5519

2023-S4555B (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-S4555B (ACTIVE) - Sponsor Memo

2023-S4555B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4555--B
     Cal. No. 350
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Codes -- reported favora-
   bly 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 -- recommitted to the Committee on Codes
   in  accordance  with  Senate Rule 6, sec. 8 -- 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
 
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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