New York A00101 prohibits using victim intoxication as a defense in sex crimes when the victim was incapacitated by drugs or substances.
New York A00101 amends the penal law to prohibit using the victim's intoxication as a defense in sex crimes. This applies when the victim was under the influence of drugs, intoxicants, or other substances to the point of being temporarily incapable of appraising or controlling their conduct. The condition must have been known or reasonably should have been known to the person in the actor's situation. The change takes effect immediately.
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