S 4540 New York Senate · 2025 Regular Session

Relates to consent

This bill (S 4540) amends New York's penal law to clarify that consent for sexual contact must be a "knowing, voluntary, and mutual decision among all participants," defined through clear words or actions showing ongoing permission. It specifies that consent is absent when there is forcible compulsion, incapacity, or when a victim clearly expresses lack of consent (e.g., verbal withdrawal or non-agreement under reasonable circumstances). The law directly affects how sexual assault cases are legally evaluated, particularly in defining rape, sexual abuse, and forcible touching offenses. The amendment takes effect 30 days after enactment.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 6, 2025 Last action Jan 7, 2026
Floor votes

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Full legislative history

Actions timeline

Total actions
2
Key actions
0
Committee
2
Jan 7, 2026
Committee
REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
upper
Feb 6, 2025
Committee
REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
NF
Nathalia Fernández
DDemocratic
NY
34