Bill Text: NY A08634 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the use of intoxication of the victim as a defense in sex crimes; amends the definition of "mentally incapacitated" to include persons who are voluntarily intoxicated.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-04-22 - print number 8634c [A08634 Detail]
Download: New_York-2019-A08634-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8634--C 2019-2020 Regular Sessions IN ASSEMBLY October 2, 2019 ___________ Introduced by M. of A. DINOWITZ, PAULIN, GALEF, OTIS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 40 of the laws of 2004, 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 and two of section 130.20, rape in the third degree as 6 defined in subdivision three of section 130.25, or criminal sexual act 7 in the third degree as defined in subdivision three of section 130.40, 8 in addition to forcible compulsion, circumstances under which, at the 9 time of the act of intercourse, oral sexual conduct or anal sexual 10 conduct, the victim clearly expressed that he or she did not consent to 11 engage in such act, and a reasonable person in the actor's situation 12 would have understood such person's words and acts as an expression of 13 lack of consent to such act under all the circumstances[.]; or 14 (e) Where the offense charged is sexual misconduct as defined in 15 subdivisions one and two of section 130.20, rape in the third degree as 16 defined in subdivision three of section 130.25, or criminal sexual act 17 in the third degree as defined in subdivision three of section 130.40, 18 in addition to forcible compulsion, circumstances under which, at the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13702-10-0A. 8634--C 2 1 time of the act of intercourse, oral sexual conduct or anal sexual 2 conduct, the victim is under the influence of any drug, intoxicant, or 3 other substance to a degree which renders such person temporarily inca- 4 pable of appraising or controlling his or her conduct and such condi- 5 tion is known or reasonably should be known to a person in the actor's 6 situation. 7 § 2. This act shall take effect immediately.
