Bill Text: NY S04401 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to unconsented removal or tampering with a sexually protective device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04401 Detail]

Download: New_York-2019-S04401-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4401
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed 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:
     1    Section 1. Subdivision 3 of section 130.20 of the penal law is  renum-
     2  bered subdivision 4 and a new subdivision 3 is added to read as follows:
     3    3.  a. He or she engages in sexual intercourse, oral sexual conduct or
     4  anal sexual conduct with another person that was mutually agreed upon by
     5  the parties involved with the explicit understanding and knowledge  that
     6  a  sexually  protective  device  would be used but (i) intentionally and
     7  without consent removes or tampers with such sexually protective  device
     8  during  sexual  intercourse, oral sexual conduct or anal sexual conduct,
     9  in a manner likely to render such  device  ineffective  for  its  common
    10  purpose;  (ii) intentionally and without consent uses a sexually protec-
    11  tive device during sexual intercourse, oral sexual conduct or anal sexu-
    12  al conduct that he or she knows has been tampered with in a manner like-
    13  ly to render such device ineffective for its common  purpose;  or  (iii)
    14  intentionally  misleads  the other person into believing that a sexually
    15  protective device was being used during sexual intercourse, oral  sexual
    16  conduct  or anal sexual conduct, and such sexually protective device was
    17  known by such other person to be either not used or inoperable.
    18    b. For the  purposes  of  this  subdivision,  a  "sexually  protective
    19  device" shall mean any one of the following intended to prevent pregnan-
    20  cy or sexually transmitted infection: male or female condom, spermicide,
    21  diaphragm,  cervical  cap,  contraceptive sponge, dental dam, or another
    22  physical device; or
    23    § 2. This act shall take effect on the first of November next succeed-
    24  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.
                                                                   LBD03804-01-9