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Assembly Bill A101A

2025-2026 Legislative Session

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

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Current Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2025-A101 - Details

See Senate Version of this Bill:
S54
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
2023-2024: A1065, S4555

2025-A101 - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.

2025-A101 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    101
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, PAULIN, LEE, OTIS, SIMON, SEAWRIGHT,
   WEPRIN, SEPTIMO, HEVESI, ROSENTHAL, RA, DAVILA, STIRPE, BORES, LAVINE,
   GONZALEZ-ROJAS, GLICK, SHIMSKY, LUCAS, JACOBSON, ZINERMAN,  LEVENBERG,
   LUNSFORD,  BURDICK, BICHOTTE HERMELYN, RAMOS, BARRETT, ZACCARO, REYES,
   COLTON, McMAHON, SIMONE, CRUZ, TAPIA, GANDOLFO, SLATER, JONES,  CLARK,
   WOERNER, ALVAREZ, SAYEGH, DeSTEFANO, BERGER, CUNNINGHAM, KELLES, COOK,
   RAGA,  JENSEN,  BLANKENBUSH,  VANEL,  NOVAKHOV,  BUTTENSCHON, LUPARDO,
   GALLAHAN, PHEFFER AMATO, STERN, ANGELINO,  DE LOS SANTOS,  BRAUNSTEIN,
   CHANDLER-WATERMAN,   ROZIC,  RAJKUMAR,  SANTABARBARA,  TAYLOR,  STECK,
   ANDERSON -- 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 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] SUCH VICTIM 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00357-01-5

co-Sponsors

2025-A101A (ACTIVE) - Details

See Senate Version of this Bill:
S54
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
2023-2024: A1065, S4555

2025-A101A (ACTIVE) - Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.

2025-A101A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  101--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, PAULIN, LEE, OTIS, SIMON, SEAWRIGHT,
   WEPRIN, SEPTIMO, HEVESI, ROSENTHAL, RA, DAVILA, STIRPE, BORES, LAVINE,
   GONZALEZ-ROJAS, GLICK, SHIMSKY, LUCAS, JACOBSON, ZINERMAN,  LEVENBERG,
   LUNSFORD,  BURDICK, BICHOTTE HERMELYN, RAMOS, BARRETT, ZACCARO, REYES,
   COLTON, McMAHON, SIMONE, CRUZ, TAPIA, GANDOLFO, SLATER, JONES,  CLARK,
   WOERNER, ALVAREZ, SAYEGH, DeSTEFANO, BERGER, CUNNINGHAM, KELLES, COOK,
   RAGA,  JENSEN,  BLANKENBUSH, NOVAKHOV, BUTTENSCHON, LUPARDO, GALLAHAN,
   PHEFFER AMATO,    STERN,    ANGELINO,    DE LOS SANTOS,    BRAUNSTEIN,
   CHANDLER-WATERMAN,   ROZIC,  RAJKUMAR,  SANTABARBARA,  TAYLOR,  STECK,
   ANDERSON, MANKTELOW, SEMPOLINSKI, SCHIAVONI, EPSTEIN, KAY, DURSO, KIM,
   HOOKS, WRIGHT, McDONALD, LASHER,  GRIFFIN,  KASSAY,  WIEDER,  BEEPHAN,
   MAHER,  BAILEY,  CHANG, TORRES, BURROUGHS, YEGER, JACKSON, P. CARROLL,
   BENEDETTO, EACHUS, RIVERA, MOLITOR -- read once and  referred  to  the
   Committee  on Codes -- reported and referred to the Committee on Rules
   -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to the Committee on Rules

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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