S 10632

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10632
                             I N  S E N A T E
                               June 1, 2026
                                ___________
 Introduced by Sens. FERNANDEZ, ADDABBO, BORRELLO, CANZONERI-FITZPATRICK,
   CHAN,   GALLIVAN,  GONZALEZ,  GOUNARDES,  HELMING,  JACKSON,  KRUEGER,
   MARTINS, MATTERA, MURRAY, MYRIE, OBERACKER,  PALUMBO,  RAMOS,  RHOADS,
   ROLISON,  C. RYAN,  SEPULVEDA,  SERRANO,  WEBB, WEBER, ZELLNER -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Rules
 AN ACT to amend the penal law, in relation to prohibiting the use of the
   intoxication  of  a  victim  as a defense to a criminal charge for sex
   crimes
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section  1.  Paragraph  (d)  of subdivision 2 of section 130.05 of the
 penal law, as amended by chapter 23 of the laws of 2024, is amended  and
 a new paragraph (e) is added to read as follows:
   (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  rape  in  the  third
 degree as defined in subdivision seven, eight or nine of section 130.25,
 or  a  crime  formerly defined in subdivision three of section 130.40 OF
 THIS ARTICLE, in addition to forcible  compulsion,  circumstances  under
 which,  at  the  time  of the act of vaginal sexual contact, oral sexual
 contact or anal sexual contact, the victim clearly expressed that [he or
 she] SUCH VICTIM did not consent to engage in such act, and a reasonable
 person in the actor's situation  would  have  understood  such  person's
 words and acts as an expression of lack of consent to such act under all
 the circumstances[.]; OR
   (E)  WHERE  THE  OFFENSE  CHARGED  IS  SEXUAL MISCONDUCT AS DEFINED IN
 SUBDIVISIONS ONE, TWO AND THREE OF SECTION 130.20,  RAPE  IN  THE  THIRD
 DEGREE AS DEFINED IN SUBDIVISION SEVEN, EIGHT OR NINE OF SECTION 130.25,
 OR  A  CRIME  FORMERLY DEFINED IN SUBDIVISION THREE OF SECTION 130.40 OF
 THIS ARTICLE, IN ADDITION TO FORCIBLE  COMPULSION,  CIRCUMSTANCES  UNDER
 WHICH,  AT  THE  TIME OF THE ACT OF  VAGINAL SEXUAL CONTACT, ORAL SEXUAL
 CONTACT OR ANAL SEXUAL CONTACT, THE VICTIM WAS UNDER  THE  INFLUENCE  OF
 ANY  DRUG, INTOXICANT, OR OTHER SUBSTANCE TO A DEGREE WHICH RENDERED THE
 VICTIM TEMPORARILY INCAPABLE OF APPRAISING OR CONTROLLING SUCH  PERSON'S
 CONDUCT  AND  SUCH  CONDITION  WAS  KNOWN OR REASONABLY SHOULD HAVE BEEN
 KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
   § 2. This act shall take effect immediately.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00357-01-5