Bill > S00054

This bill amends the New York Penal Law to prohibit using the victim's intoxication as a defense in certain sex crimes. Specifically, the bill adds a new provision that expands the circumstances under which sexual misconduct or rape can be prosecuted. Under the new law, if a victim is so intoxicated by drugs, alcohol, or other substances that they are unable to control their conduct or clearly express lack of consent, and the perpetrator knew or should have reasonably known about the victim's condition, this can be considered a basis for criminal charges. The bill applies to sexual misconduct and third-degree rape cases, and it removes the potential legal defense that a perpetrator might have previously used by claiming the victim did not explicitly say "no" or that the situation was ambiguous. This change aims to provide stronger legal protections for victims who are incapacitated and unable to give meaningful consent due to intoxication. The amendment takes effect immediately upon passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S54