Bill > S400

Introduced Session

This bill specifies that an act of sexual penetration committed without the victim's consent would constitute sexual assault or, depending on the circumstances, aggravated sexual assault. Under current law, an act of sexual penetration constitutes sexual assault if the act is committed without the victim's affirmative and freely-given permission. The bill provides that an act of sexual penetration would also constitute sexual assault if the act is committed without the victim's consent. Sexual assault is a crime of the second degree. A crime of the second degree is generally punishable by a term of imprisonment of five to 10 years or a fine of up to $150,000, or both. Current law provides that an act of sexual penetration constitutes aggravated sexual assault if the actor is aided or abetted by one or more other persons and the act is committed without the victim's affirmative and freely-given permission, or if the act is committed without the victim's affirmative and freely-given permission and severe personal injury is sustained by the victim. The bill provides that an act of sexual penetration under either of these circumstances would also constitute aggravated sexual assault if the act is committed without the victim's consent. Aggravated sexual assault is a crime of the first degree. A crime of the first degree is generally punishable by a term of imprisonment of 10 to 20 years or a fine of up to $200,000, or both. The bill defines "consent" as "a freely given, knowledgeable, and informed agreement."

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Joe Lagana (D)*,  Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document