Bill > S04322

This bill creates a private right of action in New York civil rights law that allows individuals to sue sexual partners who intentionally and without consent remove, tamper with, or misrepresent the use of sexually protective devices during sexual activity. Specifically, a person can seek damages if their partner: (a) intentionally removes or tampers with a protective device like a condom in a way that makes it ineffective, (b) uses a device they know has been tampered with, or (c) misleads their partner about using a protective device when they are not actually using one. The bill defines "sexually protective devices" as items like condoms, diaphragms, dental dams, and other physical devices intended to prevent pregnancy or sexually transmitted infections. Damages can include compensatory and potentially punitive damages, and the court may consider emotional impacts such as risks of disease or unintended pregnancy. The bill explicitly states that past consent to sexual activity without a protective device does not imply future consent, and any damages awarded cannot be used to offset child support obligations. The law would take effect 90 days after becoming law and apply to acts occurring on or after that date.

Housing and Urban Affairs, Justice

https://www.nysenate.gov/legislation/bills/2025/S4322