Bill > A05399

This bill amends the New York State 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 (paragraph l) to existing law that establishes incapacity to consent when a person is a witness, victim, suspect, or person of interest in an investigation, and the actor is a law enforcement official who is either participating in the investigation or knows about the person's status in the investigation. Importantly, the bill includes a specific exception: if the law enforcement official and the witness/victim/suspect had an existing sexual relationship prior to the investigation, the person would not be deemed incapable of consent. The bill also updates language to use gender-neutral terms like "their" instead of "his or her" and makes consequential amendments to related sections of the penal code to reflect these changes. The new provisions aim to prevent potential sexual exploitation by law enforcement officials who might take advantage of their position of authority during an investigation, while still preserving consensual relationships that predated the investigative context.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5399