New York A 5265: Relates to consent

Bill Text

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A05265 Summary:

BILL NOA05265 

&nbsp

SAME ASSAME AS S04540

&nbsp

SPONSORSimon

&nbsp

COSPNSRLucas, Davila, Shimsky, Santabarbara

&nbsp

MLTSPNSR

&nbsp

Amd §130.05, Pen L

&nbsp

Provides that consent to sexual contact is a knowing, voluntary, and mutual decision among all participants; makes related provisions.

Go to top A05265 Actions:

BILL NOA05265 

&nbsp

02/12/2025referred to codes

01/07/2026referred to codes

Go to topA05265 Committee&nbspVotes:

Go to topA05265 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05265 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5265

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. SIMON, LUCAS, DAVILA, SHIMSKY, SANTABARBARA --
 read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to consent

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 130.05 of the penal law, as
 2 amended by chapter 1 of the laws of 2000, paragraph (c) as amended by
 3 chapter 264 of the laws of 2003 and paragraph (d) as amended by chapter
 4 23 of the laws of 2024, is amended to read as follows:
 5 2. (a) Consent to sexual contact is a knowing, voluntary, and mutual
 6 decision among all participants. Consent can be given by words or
 7 actions, as long as those words or actions create clear ongoing permis-
 8 sion regarding willingness to engage in the sexual activity.
 9 (b) Lack of consent results from:
 10 [(a)] (i) Forcible compulsion, duress, coercion, or verbal withdrawal
 11 of previously granted consent; or
 12 [(b)] (ii) Incapacity to consent; or
 13 [(c)] (iii) Where the offense charged is sexual abuse or forcible
 14 touching, any circumstances, in addition to forcible compulsion or inca-
 15 pacity to consent, in which the victim does not expressly or impliedly
 16 acquiesce in the actor's conduct; or
 17 [(d)] (iv) Where the offense charged is rape in the third degree as
 18 defined in subdivision seven, eight or nine of section 130.25, or a
 19 crime formerly defined in subdivision three of section 130.40, in addi-
 20 tion to forcible compulsion, circumstances under which, at the time of
 21 the act of vaginal sexual contact, oral sexual contact or anal sexual
 22 contact, the victim clearly expressed that [he or she] such victim did
 23 not consent to engage in such act, and a reasonable person in the
 24 actor's situation would have understood such person's words and acts as
 25 an expression of lack of consent to such act under all the circum-
 26 stances.
 27 § 2. This act shall take effect on the thirtieth day after it shall
 28 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06496-02-5

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