Bill > A01711

This bill creates a new legal provision in New York's civil rights law that allows individuals to sue a sexual partner for damages if that partner intentionally and without consent removes, tampers with, or misrepresents the use of a sexually protective device during sexual activity. Specifically, the bill establishes a private right of action if a person: (a) removes or tampers with a sexually protective device in a way that makes it ineffective, (b) uses a device they know has been tampered with, or (c) misleads their partner about the use or operational status of such a device. A "sexually protective device" is defined broadly to include condoms, spermicides, diaphragms, dental dams, and other physical devices intended to prevent pregnancy or sexually transmitted infections. The bill clarifies that past consent to sexual activity without a protective device does not imply future consent, and allows plaintiffs to seek compensatory and punitive damages, with courts able to consider emotional impacts and risks of disease or pregnancy. Importantly, the bill does not limit other legal remedies and specifically states that any damages awarded cannot be used to offset child support obligations. The law will take effect 90 days after becoming law and will apply to acts occurring on or after that date.

Justice

https://www.nysenate.gov/legislation/bills/2025/A1711