A 101: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 101 2025-2026 Regular Sessions  IN ASSEMBLY (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: 1 Section 1. Paragraph (d) of subdivision 2 of section 130.05 of the 2 penal law, as amended by chapter 23 of the laws of 2024, is amended and 3 a new paragraph (e) is added to read as follows: 4 (d) Where the offense charged is sexual misconduct as defined in 5 subdivisions one, two and three of section 130.20, rape in the third 6 degree as defined in subdivision seven, eight or nine of section 130.25, 7 or a crime formerly defined in subdivision three of section 130.40 of 8 this article, in addition to forcible compulsion, circumstances under 9 which, at the time of the act of vaginal sexual contact, oral sexual 10 contact or anal sexual contact, the victim clearly expressed that [he or 11 she] such victim did not consent to engage in such act, and a reasonable 12 person in the actor's situation would have understood such person's 13 words and acts as an expression of lack of consent to such act under all 14 the circumstances[.]; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00357-01-5 
 A. 101 2 1 (e) Where the offense charged is sexual misconduct as defined in 2 subdivisions one, two and three of section 130.20, rape in the third 3 degree as defined in subdivision seven, eight or nine of section 130.25, 4 or a crime formerly defined in subdivision three of section 130.40 of 5 this article, in addition to forcible compulsion, circumstances under 6 which, at the time of the act of vaginal sexual contact, oral sexual 7 contact or anal sexual contact, the victim was under the influence of 8 any drug, intoxicant, or other substance to a degree which rendered the 9 victim temporarily incapable of appraising or controlling such person's 10 conduct and such condition was known or reasonably should have been 11 known to a person in the actor's situation. 12 § 2. This act shall take effect immediately.