S T A T E O F N E W Y O R K
________________________________________________________________________
511
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN, CRUZ, ZINERMAN -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to 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. Subdivision 4 of section 130.20 of the penal law is renum-
bered subdivision 5 and a new subdivision 4 is added to read as follows:
4. A. SUCH PERSON ENGAGES IN SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT
OR ANAL SEXUAL CONDUCT 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 BUT (I) INTENTIONALLY
AND WITHOUT CONSENT REMOVES OR TAMPERS WITH SUCH SEXUALLY PROTECTIVE
DEVICE DURING SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXUAL
CONDUCT, IN A MANNER LIKELY TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS
COMMON PURPOSE; (II) INTENTIONALLY AND WITHOUT CONSENT USES A SEXUALLY
PROTECTIVE DEVICE DURING SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL
SEXUAL CONDUCT THAT SUCH PERSON KNOWS HAS BEEN TAMPERED WITH IN A MANNER
LIKELY TO RENDER SUCH DEVICE INEFFECTIVE FOR ITS COMMON PURPOSE; OR
(III) INTENTIONALLY MISLEADS THE OTHER PERSON INTO BELIEVING THAT A
SEXUALLY PROTECTIVE DEVICE WAS BEING USED DURING SEXUAL INTERCOURSE,
ORAL SEXUAL CONDUCT OR ANAL SEXUAL CONDUCT, AND SUCH SEXUALLY PROTECTIVE
DEVICE WAS KNOWN BY SUCH OTHER PERSON TO BE EITHER NOT USED OR INOPERA-
BLE.
B. FOR THE PURPOSES OF THIS SUBDIVISION, A "SEXUALLY PROTECTIVE
DEVICE" SHALL MEAN ANY ONE OF THE FOLLOWING INTENDED TO PREVENT PREGNAN-
CY OR SEXUALLY TRANSMITTED INFECTION: MALE OR FEMALE CONDOM, SPERMICIDE,
DIAPHRAGM, CERVICAL CAP, CONTRACEPTIVE SPONGE, DENTAL DAM, OR ANOTHER
PHYSICAL DEVICE; OR
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02113-01-5