New York legislation · 2025-2026 General Assembly
New York S10632: Prohibits the use of intoxication of the victim as a defense in sex crimes
Status: In committee, June 4, 2026
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is 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.
What the bill says
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.
From the introduced text, June 1, 2026:
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 ASSEMBLY, 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 …
Sponsors
- Nathalia Fernandez (D, 34) · primary sponsor
- Joseph Addabbo (D, 15)
- George Borrello (R, 57)
- Patricia Canzoneri-Fitzpatrick (R, 9)
- Stephen Chan (R, 17)
- Patrick Gallivan (R, 60)
- Kristen Gonzalez (D, 59)
- Andrew Gounardes (D, 26)
- Pamela Helming (R, 54)
- Robert Jackson (D, 31)
- Liz Krueger (D, 28)
- Jack Martins (R, 7)
Latest actions
- : REFERRED TO CODES
- : DELIVERED TO ASSEMBLY
- : PASSED SENATE
- : ORDERED TO THIRD READING CAL.1781
- : REFERRED TO RULES
Votes
- FLOOR Vote (June 4, 2026): 60 yea, 0 nay, passed
Subjects: Penal Law
Common questions
- What is S10632?
- S10632 is a bill in the New York Legislature (2025-2026 General Assembly): Prohibits the use of intoxication of the victim as a defense in sex crimes.
- What does S10632 do?
- In its own words: 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.
- What is the status of S10632?
- In committee as of June 4, 2026. Latest action: REFERRED TO CODES (June 4, 2026).
- Who sponsored S10632?
- Nathalia Fernandez (D, 34), with 11 co-sponsors.
- Where is the official record for S10632?
- On the New York Legislature website: https://www.nysenate.gov/legislation/bills/2025/S10632
Source: official New York record. Tracked by Delilah, AI for legislation across all 50 states and Congress.