BILL NUMBER: S4555B
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow sex crimes charges to be brought in cases where the victim had
become voluntarily intoxicated if a reasonable person in the defendant's
position should have known that the victim was incapable of giving
consent due to intoxication.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (d) of subdivision 2 of section 130.05 to
include sexual misconduct in offenses covered under lack of consent and
adds a new paragraph (e) of subdivision 2 of section 130.05 to include
intoxication under an inability to consent.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
Currently, victims of sex crimes-in cases where the abused individual
voluntarily consumes alcohol and/or drugs to the point of intoxication-
are not able to seek adequate recourse. The penal law, in its definition
of mental incapacitation, only recognizes cases where a substance is
administered involuntarily. Therefore, prosecutors are limited in their
ability to bring about charges involving cases where the abused individ-
ual voluntarily consumed intoxicating substances.
As we know, mental incapacitation and the subsequent inability to
consent to sexual acts is not dependent on whether an individual volun-
tarily or involuntarily consumed an intoxicating substance. When such
arbitrary determinations are made, we advance a culture that denies a
voice to victims and further denies access to a criminal justice system
meant to support, not deny sexual abuse survivors the justice they
deserve.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: S452
2020: S6679 / A8634
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 66 of chapter 777 of the laws of 2023 takes effect.

Statutes affected:
S4555: 130.05 penal law, 130.05(2) penal law, 130.10 penal law
S4555A: 130.05 penal law, 130.05(2) penal law
S4555B: 130.05 penal law, 130.05(2) penal law