Bill > S04404

This bill amends the New York Penal Law to expand the circumstances under which a person is considered legally incapable of consenting to sexual activity, specifically in situations involving law enforcement investigations. The bill adds a new provision that makes a person incapable of consenting if they are a witness to, victim of, suspect in, or person of interest in an ongoing law enforcement investigation, and the sexual act involves a police officer, peace officer, or other law enforcement official who is either participating in the investigation or knows about the person's status in the investigation. However, the bill includes an important exception: if the law enforcement official and the individual had an existing sexual relationship prior to the investigation, the person would still be considered capable of consent. The bill also makes some minor linguistic changes, such as replacing gender-specific language with gender-neutral terms like "their" and "such victim". The law will take effect 30 days after becoming law, with some technical provisions about the timing of related legal changes. This amendment aims to protect individuals from potential sexual exploitation by law enforcement personnel during investigations.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4404