Prohibits using victim intoxication as a defense in sex crimes when the victim is heavily under the influence and unable to consent.

This bill amends the penal law to prohibit using the intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance, rendering them incapable of appraising or controlling their conduct and incapable of clearly expressing lack of consent. The bill applies to sexual misconduct, rape, and other specified sex crimes. It ensures that a reasonable person in the actor's situation would have understood the victim's inability to consent.

Prohibits using victim intoxication as a defense in sex crimes when the victim is heavily under the influence and unable to consent.

This bill amends the penal law to prohibit using the intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance, rendering them incapable of appraising or controlling their conduct and incapable of clearly expressing lack of consent. The bill applies to sexual misconduct, rape, and other specified sex crimes. It ensures that a reasonable person in the actor's situation would have understood the victim's inability to consent.