Prohibits using victim intoxication as a defense in sex crimes where the victim was incapacitated by drugs or intoxicants.
New York S10632 amends the penal law to prohibit the use of intoxication of the victim as a defense in sex crimes. This applies when the victim was under the influence of drugs, intoxicants, or other substances to a degree that rendered them 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. This change aims to ensure that victims who are incapacitated cannot be held responsible for their inability to consent.
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