Bill > S00866

This bill amends the New York Penal Law by redefining the term "physically helpless" to provide a more comprehensive and affirmative understanding of consent in sexual assault cases. Specifically, the bill changes the definition from focusing on a person's inability to communicate unwillingness to engage in sexual activity, to emphasizing the need for affirmative consent - meaning a clear, knowing, voluntary, and mutual decision among all participants to engage in sexual activity. The new definition explicitly states that consent can be communicated through words or actions that create clear permission and demonstrate a willingness to participate in sexual activity. This modification is significant because it shifts the legal understanding of consent from a passive, negatively-framed concept (not saying no) to an active, positively-framed concept (explicitly saying or showing yes). By making this change, the bill aims to provide clearer legal standards for determining consent and potentially offer stronger protections against sexual assault by requiring a more explicit and mutual agreement between participants.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S866