A 101 New York Assembly · 2025 Regular Session

Prohibits the use of intoxication of the victim as a defense in sex crimes

Summary

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.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 8, 2025 Last action May 5, 2026

Maddy AI version diff · 1 comparison

What changed between versions

A101 → A101A · 3 edits

MINOR

This bill updates the definition of sexual assault by adding a new circumstance where the victim's intoxication prevents them from expressing lack of consent. It clarifies that a victim who is too intoxicated to control their conduct or clearly say 'no' cannot use their intoxication as a legal defense for the crime.

Scope change

The bill expands the scope of prohibited defenses in sex crime cases by explicitly including victims who are too intoxicated to express lack of consent, whereas previous versions did not clearly cover this specific scenario.

DEFINITION

The definition of forcible compulsion was updated to include situations where the victim was so intoxicated they could not control their conduct or clearly express that they did not consent.

ELIGIBILITY

The legal defense available to defendants was restricted; defendants can no longer claim the victim's intoxication as a valid defense if the victim was too drunk to express lack of consent.

TECHNICAL

Minor formatting changes were made to the list of sponsoring legislators and the bill's title to reflect its progression through the legislative process.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 5, 2026

Introduced

AMEND BY RESTORING TO ORIGINAL PRINT 101

lower

Jan 7, 2026

Committee

REFERRED TO CODES

lower

Jun 9, 2025

Lower · Passed

PRINT NUMBER 101A

lower

Jun 9, 2025

Lower · Passed

AMEND (T) AND RECOMMIT TO RULES

lower

May 28, 2025

Committee

REPORTED REFERRED TO RULES

lower

Jan 8, 2025

Committee

REFERRED TO CODES

lower

1 primary · 95 co-sponsors