Bill > S04555

This bill amends the New York Penal Law to prohibit the use of the intoxication of the victim as a defense in sex crimes where the victim was under the influence of any drug, intoxicant, or other substance to a degree that rendered the victim temporarily incapable of appraising or controlling their conduct, and this condition was known or should have been known to the perpetrator. The bill specifically applies to the offenses of sexual misconduct, rape in the third degree, and a formerly defined crime, where the victim's incapacitated state is an additional circumstance to forcible compulsion. The bill takes effect on the same date and in the same manner as a related law passed in 2023.