Bill > S05521

This bill adds a new definition of "consent" to the New York State Penal Law, specifically defining it as a freely given, knowledgeable and informed agreement by a person with the capacity to reason. By introducing this definition in Section 10.00 of the penal law, the bill provides a clear legal standard for what constitutes consent, which could have significant implications for various legal proceedings, particularly those involving personal autonomy, sexual consent, and situations where an individual's ability to make informed decisions is in question. The definition emphasizes three key elements: that the agreement must be voluntary ("freely given"), based on full understanding ("knowledgeable and informed"), and made by someone who has the mental capacity to make a reasoned decision. The bill will go into effect 90 days after becoming law, allowing time for legal professionals and the public to understand and implement the new definition.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5521