Assembly Bill A1711

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1711
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, SEAWRIGHT, SIMON, SAYEGH,
   REYES, ROSENTHAL, SIMONE, GONZALEZ-ROJAS -- read once and referred  to
   the Committee on Judiciary
 
 AN  ACT to amend the civil rights law, in relation to creating a private
   right of action for unconsented removal or tampering with  a  sexually
   protective device

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 52-e to read as follows:
   §  52-E.  PRIVATE RIGHT OF ACTION FOR UNCONSENTED REMOVAL OR TAMPERING
 WITH A SEXUALLY PROTECTIVE DEVICE. 1. ANY PERSON WHO ENGAGED  IN  SEXUAL
 INTERCOURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AS DEFINED IN
 SECTION 130.00 OF THE PENAL LAW, WITH ANOTHER PERSON THAT  WAS  MUTUALLY
 AGREED  UPON BY THE PARTIES INVOLVED WITH THE EXPLICIT UNDERSTANDING AND
 KNOWLEDGE THAT A SEXUALLY  PROTECTIVE  DEVICE  WOULD  BE  USED  TO  HELP
 PREVENT  OR  SAFEGUARD  AGAINST  PREGNANCY  OR  A  SEXUALLY  TRANSMITTED
 INFECTION SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST  SUCH
 OTHER PERSON UNDER ANY OF THE FOLLOWING CONDITIONS:
   (A)  THE  OTHER  PERSON  INTENTIONALLY  AND WITHOUT CONSENT REMOVED OR
 TAMPERED WITH SUCH SEXUALLY PROTECTIVE DEVICE DURING SUCH SEXUAL  INTER-
 COURSE,  ORAL  SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, IN A MANNER LIKELY
 TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE;
   (B) THE OTHER PERSON INTENTIONALLY AND WITHOUT CONSENT USED A SEXUALLY
 PROTECTIVE DEVICE DURING SUCH SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR
 ANAL SEXUAL CONDUCT THAT SUCH OTHER PERSON KNEW HAD BEEN  TAMPERED  WITH
 IN  A  MANNER  LIKELY  TO  RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON
 PURPOSE; OR
   (C) THE OTHER PERSON INTENTIONALLY MISLED THE  PERSON  INTO  BELIEVING
 THAT  A  SEXUALLY  PROTECTIVE DEVICE WAS BEING USED BY SUCH OTHER PERSON
 DURING SUCH SEXUAL INTERCOURSE,  ORAL  SEXUAL  CONDUCT  OR  ANAL  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00793-01-5
              

 A. 1711                             2
 
 CONDUCT,  AND  SUCH  SEXUALLY  PROTECTIVE DEVICE WAS KNOWN BY SUCH OTHER
 PERSON TO BE EITHER NOT USED OR INOPERABLE.
   2.  PAST  CONSENT  TO  SEXUAL  ACTIVITY  WITHOUT THE USE OF A SEXUALLY
 PROTECTIVE DEVICE SHALL NOT ALONE CONSTITUTE CONSENT TO SEXUAL  ACTIVITY
 WITHOUT THE USE OF A SEXUALLY PROTECTIVE DEVICE AT ANY FUTURE TIME.
   3.  DAMAGES  RECOVERED  BY  A PLAINTIFF PURSUANT TO THIS SECTION SHALL
 INCLUDE COMPENSATORY DAMAGES.  IN ADDITION THERETO, THE  TRIER  OF  FACT
 MAY  AWARD PUNITIVE DAMAGES AND SUCH OTHER NON-MONETARY RELIEF AS MAY BE
 APPROPRIATE. IN AWARDING DAMAGES, THE COURT MAY CONSIDER  THE  EMOTIONAL
 IMPACT  OF  THE  DEFENDANT'S  CONDUCT, INCLUDING BUT NOT LIMITED TO, THE
 RISK OF SEXUALLY TRANSMITTED DISEASES, AND  THE  RISK  OF  NONCONSENSUAL
 PREGNANCY.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO ABROGATE OR OTHERWISE
 LIMIT ANY RIGHT OR REMEDY OTHERWISE CONFERRED BY FEDERAL  OR  STATE  LAW
 INCLUDING  BUT  NOT  LIMITED  TO,  ANY  RIGHT OR REMEDY RELATED TO CHILD
 SUPPORT, NOR SHALL ANY AWARD UNDER THIS SECTION BE USED TO OFFSET  CHILD
 SUPPORT OBLIGATIONS THAT MAY ARISE IN CONNECTION WITH THIS SECTION.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "SEXUALLY PROTECTIVE DEVICE"
 SHALL  MEAN  ANY  ONE  OF THE FOLLOWING INTENDED TO PREVENT PREGNANCY OR
 SEXUALLY TRANSMITTED  INFECTION:  MALE  OR  FEMALE  CONDOM,  SPERMICIDE,
 DIAPHRAGM,  CERVICAL  CAP,  CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANOTHER
 PHYSICAL DEVICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law, and shall apply to acts occurring on or after such
 date.