Bill > A05265

This bill amends New York's penal law to provide a more comprehensive definition of sexual consent, clarifying that consent is a knowing, voluntary, and mutual decision among all participants that can be communicated through words or actions, creating clear ongoing permission for sexual activity. The bill expands the legal understanding of when consent is lacking, now explicitly including situations involving forcible compulsion, duress, coercion, or verbal withdrawal of previously granted consent. It also maintains existing provisions about lack of consent due to incapacity and adds specific language about circumstances where a victim clearly expresses non-consent, which a reasonable person would understand. The bill updates gender-specific language (replacing "he or she" with "such victim") and provides a more nuanced framework for understanding consent in sexual assault cases. The amendment aims to provide clearer legal guidance about what constitutes consensual sexual activity and when sexual contact becomes non-consensual, potentially making it easier to prosecute sexual crimes and protect victims. The changes will take effect thirty days after the bill becomes law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5265