New York S 4322: Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device

Bill Text

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S04322 Summary:

BILL NOS04322 

&nbsp

SAME ASSAME AS A01711

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRRAMOS, WEBB

&nbsp

MLTSPNSR

&nbsp

Add §52-e, Civ Rts L

&nbsp

Relates to creating a private right of action for unconsented removal or tampering with a sexually protective device.

Go to top S04322 Actions:

BILL NOS04322 

&nbsp

02/04/2025REFERRED TO CODES

02/24/20251ST REPORT CAL.365

02/25/20252ND REPORT CAL.

02/26/2025ADVANCED TO THIRD READING 

04/02/2025PASSED SENATE

04/02/2025DELIVERED TO ASSEMBLY

04/02/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

01/28/20261ST REPORT CAL.204

01/29/20262ND REPORT CAL.

02/03/2026ADVANCED TO THIRD READING 

02/09/2026PASSED SENATE

02/09/2026DELIVERED TO ASSEMBLY

02/09/2026referred to judiciary

Go to topS04322 Committee&nbspVotes:

Go to topS04322 Floor&nbspVotes:

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

Go to topS04322 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4322

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the civil rights law, in relation to creating a private
 right of action for unconsented removal or tampering with a sexually
 protective device

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

 1 Section 1. The civil rights law is amended by adding a new section
 2 52-e to read as follows:
 3 § 52-e. Private right of action for unconsented removal or tampering
 4 with a sexually protective device. 1. Any person who engaged in sexual
 5 intercourse, oral sexual conduct or anal sexual conduct, as defined in
 6 section 130.00 of the penal law, with another person that was mutually
 7 agreed upon by the parties involved with the explicit understanding and
 8 knowledge that a sexually protective device would be used to help
 9 prevent or safeguard against pregnancy or a sexually transmitted
 10 infection shall have a private right of action for damages against such
 11 other person under any of the following conditions:
 12 (a) The other person intentionally and without consent removed or
 13 tampered with such sexually protective device during such sexual inter-
 14 course, oral sexual conduct or anal sexual conduct, in a manner likely
 15 to render such device ineffective for its common purpose;
 16 (b) The other person intentionally and without consent used a sexually
 17 protective device during such sexual intercourse, oral sexual conduct or
 18 anal sexual conduct that such other person knew had been tampered with
 19 in a manner likely to render such device ineffective for its common
 20 purpose; or
 21 (c) The other person intentionally misled the person into believing
 22 that a sexually protective device was being used by such other person
 23 during such sexual intercourse, oral sexual conduct or anal sexual

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00793-01-5

 S. 4322 2

 1 conduct, and such sexually protective device was known by such other
 2 person to be either not used or inoperable.
 3 2. Past consent to sexual activity without the use of a sexually
 4 protective device shall not alone constitute consent to sexual activity
 5 without the use of a sexually protective device at any future time.
 6 3. Damages recovered by a plaintiff pursuant to this section shall
 7 include compensatory damages. In addition thereto, the trier of fact
 8 may award punitive damages and such other non-monetary relief as may be
 9 appropriate. In awarding damages, the court may consider the emotional
 10 impact of the defendant's conduct, including but not limited to, the
 11 risk of sexually transmitted diseases, and the risk of nonconsensual
 12 pregnancy.
 13 4. Nothing in this section shall be deemed to abrogate or otherwise
 14 limit any right or remedy otherwise conferred by federal or state law
 15 including but not limited to, any right or remedy related to child
 16 support, nor shall any award under this section be used to offset child
 17 support o