Bill Text: NY A08634 | 2019-2020 | General Assembly | Amended

New York Assembly Bill 8634 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        Introduced by M. of A. DINOWITZ, PAULIN -- read once and referred to the
          Committee  on  Codes  --  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. Subdivision 3 of section 15.05 of the penal law is  amended
     2  to read as follows:
     3    3.  "Recklessly." A person acts recklessly with respect to a result or
     4  to a circumstance described by a statute defining an offense  when  [he]
     5  such  person  is  aware  of and consciously disregards a substantial and
     6  unjustifiable risk that such result will occur or that such circumstance
     7  exists. The risk must be of such nature and degree that disregard there-
     8  of constitutes a gross deviation from the standard  of  conduct  that  a
     9  reasonable  person would observe in the situation.  A person who creates
    10  such a risk but is unaware thereof solely by reason of voluntary intoxi-
    11  cation also acts recklessly with  respect  thereto;  provided,  however,
    12  that intoxication of a victim is not a defense to any criminal charge of
    13  article one hundred thirty of this chapter.
    14    § 2. Section 15.25 of the penal law is amended to read as follows:
    15  § 15.25 Effect of intoxication upon liability.
    16    Intoxication  is  not, as such, a defense to a criminal charge; but in
    17  any prosecution for an offense, evidence of intoxication of the  defend-
    18  ant  may be offered by the defendant whenever it is relevant to negative
    19  an element of the crime charged; provided, however, that intoxication of
    20  a victim is not a defense to any criminal charge of article one  hundred
    21  thirty of this chapter.
    22    §  3.  Subdivision  6 of section 130.00 of the penal law is amended to
    23  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13702-06-9

        A. 8634--A                          2

     1    6. "Mentally incapacitated" means that a person is rendered  temporar-
     2  ily  incapable  of appraising or controlling his or her conduct owing to
     3  the influence of a narcotic or intoxicating  substance  administered  to
     4  him  or  her  with  or  without  his or her consent, or to any other act
     5  committed  upon him or her with or without his or her consent. Such term
     6  shall include when a person is voluntarily intoxicated.
     7    § 4. Paragraph (d) of subdivision 2 of section  130.05  of  the  penal
     8  law,  as amended by chapter 40 of the laws of 2004, is amended and a new
     9  paragraph (e) is added to read as follows:
    10    (d) Where the offense charged  is  sexual  misconduct  as  defined  in
    11  subdivisions  one and two of section 130.20, rape in the third degree as
    12  defined in subdivision three of section 130.25, or criminal  sexual  act
    13  in  the  third degree as defined in subdivision three of section 130.40,
    14  in addition to forcible compulsion, circumstances under  which,  at  the
    15  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
    16  conduct, the victim clearly expressed that he or she did not consent  to
    17  engage  in  such  act,  and a reasonable person in the actor's situation
    18  would have understood such person's words and acts as an  expression  of
    19  lack of consent to such act under all the circumstances[.]; or
    20    (e)  Where  the  offense  charged  is  sexual misconduct as defined in
    21  subdivisions one and two of section 130.20, rape in the third degree  as
    22  defined  in  subdivision three of section 130.25, or criminal sexual act
    23  in the third degree as defined in subdivision three of  section  130.40,
    24  in  addition  to  forcible compulsion, circumstances under which, at the
    25  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
    26  conduct,  the  victim is under the influence of any drug, intoxicant, or
    27  other substance to a degree  which  renders  that  person  incapable  of
    28  giving consent and that condition is known or reasonably should be known
    29  to a person in the actor's situation.
    30    § 5. This act shall take effect immediately.